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� Friday, August 1, 2008 - SC ruling on suicide by married women : Do you Know?

SC ruling on suicide by married women : Do you Know?

New Delhi, July 30
If a woman commits suicide within seven years of her marriage, it cannot automatically be inferred that the incident was abetted by her husband and in-laws who had ill-treated her earlier, the Supreme Court has held.

"The mere fact that a woman committed suicide within seven years of her marriage and that she had been subjected to cruelty by her husband or any relative of her husband, does not automatically give rise to the presumption that the suicide has been abetted by her husband or any relative of her husband," a bench of Justices R.V. Raveendran and Mukundakam Sharma said. The apex court passed the observation while acquitting a woman convicted for abetting the suicide of her daughter-in-law.

Under Section 113-A of the Indian Evidence Act, a court may presume, on proof of circumstances, if the victim had committed suicide within seven years of marriages that her husband or any other relative had subjected her to cruelty.

"One of the circumstances which has to be considered by the court is whether the alleged cruelty was of such nature as was likely to drive the woman to commit suicide or cause grave injury or danger to life, limb or health of the woman," the bench said.

In the instant case, the deceased Shanti Bai had committed suicide by setting herself ablaze. The prosecution claimed that Shanti Bai had resorted to the extreme step as she was unable to bear the harassment by her in-laws.

On the basis of the evidence the trial court in Madhya Pradesh convicted the deceased's mother-in-law Munni Bai for abetting the suicide and sentenced her to three years RI, which was affirmed by the High Court, upon which she appealed in the apex court.

The apex court after perusal of various evidence and records noted that there was nothing on record to prove the prosecution's claim that the mother-in-law abetted the suicide of her daughter-in-law. Accordingly, it ordered her acquittal. — PTI

For Further reference :

NCW’s recommendations to address “unnatural deaths” of married women are Unreasonable

In the interest of justice, fairness and equality to both genders, we, the members of Save family Foundation, Delhi, make the following recommendations:

• Section 304(B) should not be retained in the law; IPC Section 302 already covers murder andIPC Section 306 covers abetment of suicide, and therefore Section 304(B) is only a duplicationof law, which is gender-biased.

• All cases of murder, including murder for dowry should be dealt with under IPC Section 302.

• All cases of abetment of suicide, including those allegedly done for dowry, should be dealt withunder IPC Section 306.

• If IPC Section 304(B) is not removed from Indian law, then it should be amended and madeapplicable to men and women equally. Specifically, the word “husband/wife” should bereplaced by the word spouse.

• Section 304(B) treats the accused as guilty until proven innocent, thus, violating the UniversalDeclaration of Human Rights which proclaims that “everyone charged with a penal offence hasthe right to be presumed innocent until proved guilty”. The law needs to be amended so that noarrests of any of the accused (man, woman or child) are made without proper investigation and Written approval of police officials of the rank of DCP or above.

• Those who misuse the section for settling personal scores should be heavily penalizedbecause false allegations and prosecution can cause irreparable damage to the accusedParties even if they are later declared not guilty.

Unnatural death “is a category used by coroners and vital statistics specialists for classifying all human deaths not properly describable as death by natural causes. Hence it would include events such as accident, execution, homicide, misadventure (being attacked by insects, reptiles, fishes, lions, tigers, bears, stingrays, or other wild animals), adverse outcome of surgery, suicide, terrorism, war.”

Any person, male or female, married or unmarried, may die an unnatural death due to any of the above causes. Among these, homicide (murder) is the only cause which unambiguously qualifies as crime that can be committed by one person on another, and is already covered under IPC Section 302. It is, therefore, obvious that having a section specifically to deal with dowry murder is redundant, and only reflects gender bias. In addition to murder, abetment of suicide is also a crime and punishable under IPC Section 306 which addresses both male and female victims.

Therefore, once again, it is unnecessary to have duplications and special provisions in law like Section 304(B) and Section 498(A) to address suicides of women. Most cases recorded as “dowry death” involve women who died by accident or by committing suicide. Data from the National Crime Records Bureau indicates that there is no difference between the rate of suicide of married women and never married women. However, radical organizations like NCW would have us believe that every death of a married woman is a dowry death, without providing any justification for such presumption.

Recent data from the National Crime Records Bureau indicate that nearly twice as many married men, compared to married women, commit suicide every year, unable to withstand verbal, emotional, economic and physical abuse and legal harassment by their wives. While every death of a young married woman is converted into a case of dowry death leading to immediate arrest of the husband and in-laws, followed by a prompt media trial, large-scale suicides of men do not cause any outrage.

Gender obsessed women’s activists also refuse to admit the fact that accidental deaths are also equally likely among men and women. Therefore, it has become routine for police to arrest the husband and his relatives and book them under several sections including, IPC 498A, 304B, and Dowry Prohibition Act, every time a woman’s relatives claim that the deceased woman had been killed or driven to death/suicide for dowry.

This is the case even when there are suicide notes or dying declarations absolving everyone including the husband of any responsibility for the woman’s suicide or death. There have even been instances where fake dowry death cases were registered and the “deceased” wife was found to be alive after the accused husband and in-laws were refused bail and imprisoned. While husbands and their relatives are under constant suspicion leading to frequent violation of their basic human rights, wives are rarely ever questioned leave alone prosecuted if a husband dies or ends his life under similar circumstances.

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Friday, August 1, 2008 - 29 Jul - TOI, Nagpur - When men have to fight law, and wivesv

29 Jul - TOI, Nagpur - When men have to fight law, and wives

Inspite of even Supreme Court of India termed the Misuse of 498A as like "Legal Terrorism" and DV act clamsy Drafted, still our LAW makers prefers to sleep and not taken any actions.

We wonder, in this country our Goverment wake up only when people Burn the buses, Bloock the roads or shut the offices?

Today more than 6 duplications of LAW made to do the Legal Terrorism and treat the Indian husbands family as a Free ATM machine. Extrotion and blackmailling are wittness opnely in front of Police/Media/Judges, but all are just silent or prefers to keep blind eye.

Stop this Legal Terrorism and fight for Justice will continue, in this country even a hard core Terrorist have thier own right to stay in their own home , but Indian Husbands thrown out from thier own home, more than 56000 husabnds are ending thier life every year as per Crime bure report and all those husbands killers wives are moving freely in this country , but our LAW makers say they are not Husbands killers, they are doing social service.

Wake up the real human Soceity of India and stop such Legal Terrorism . Such Gender baised, loopsided law are not for the well fare of women, it is like to promote the Legal Terrorist activity and distrubution of AK47, without any lincence, to earn the easy money without any hard work by greedy people, otherwise how more than 1,20,000 women can be put behind the bar without any trial or investigations under 498A and other realted LAW, which even barbaric British Goverment also not done in their whole histroy.

How our LAW makers calim that it is for Well fare of women?

Does a Husabnds mother or sisters are not women? Does the pain of a mother or sisters is less when she loss her son or brother?

"Please remember, when you prefer to sleep inspite of wittness injustice with your Next door friends, rembember it is Your Turn to be the Next victim of Legal Terrorism."

29 Jul - TOI, Nagpur - When men have to fight law, and wives

NAGPUR: A day after henpecked husbands, under the aegis of the Nagpur chapter of Save Indian Family Foundation (SIFF), demonstrated at the Variety Square in Sitabuldi against the misuse of section 498A of the Indian Penal Code and the Domestic Violence Act (DVA) of 2006, a closer look at their situation in the city reveals a mixed state of affairs, and opinions that both laws are being used where they should not be.

Advocate P K Sathianathan , who has had to deal with a number of these cases, explains, "In many cases, we see petty domestic quarrels end up in police complaints simply because the wife herself feels insecure, and seeks solace in the police complaint."

In such cases, marriage counselling can easily be a way out. "However, under the present mindset of the society, the very concept of marriage counselling is not too welcome, although it can definitely reduce such cases," he adds.

"DVA is a double-edged sword. On one hand, it has reduced the time of trial and judgement from several years to less than three months. On the other hand, it is proving to be a formidable force to coerce the men into submission. Even an allegation that dowry is being demanded may be used as basic evidence to lodge a complaint," Sathianathan explains.

Arrests will take place if police think that the accused may influence the witnesses or tamper with evidence. However, there may be a way out. Sathianathan advises that men may take the recourse of section 438 of the Criminal Procedure Code (CrPC), anticipatory bail may be obtained in the name of those who may be arrested. Thus, as soon as an arrest is made, the person may be released , provided that there is an anticipatory bail in his or her name.

Vijay Khobragade, one of those who have suffered at the hands of their wives, has this to say: "The problem starts right at home, and snowballs into a massive thing as soon as a police complaint is made. Both the laws, that is, section 498A and the DVA, are skewed against men."

He adds, "There is a national commission for women, and soon, there is to be a similar organisation for children. It is high time that a national commission for men also come into existence. Better yet, let all three be amalgamated into a national commission for the family."

Meanwhile, Shankar Pande, marriage counsellor at the family court has a different view to offer. "Unfortunately , I see complaints being registered in those cases where they should not have been. Women register complaints under section 498A out of anger, emotional turmoil and the idea of revenge . And this closes all her doors back to the household of her husband."

The law is such that arrests take place more often than not, and one statistic often flaunted by the SIFF is that, of all the arrests under section 498A in the country between 2004 and 2007, more than one in five is a woman.

However, when it comes to arrests under all sections of the law, little more than one out of 20 people are women.

This is why, the general demand is that the section be made gender neutral, bailable and the offences under it non-cognisable .

NAGPUR: Suresh Madhesia (name changed) is a very unhappy man. He has not seen his seven-and-half year old son for two years now, and has several cases pending against him. "My only fault is that I married someone who used the laws against me and made me suffer for no reason at all," he explains.

Suresh, a resident of Akola, was only one of the 150-odd members of the Save Indian Family Foundation (SIFF) who staged a protest at the Variety Square in the city on Sunday, demanding changes in the Domestic Violence Act of 2006 and section 498A of the Indian Penal Code.

"We want a national commission for men to be constituted. We also demand that a department for men's welfare be set up," Suresh adds. "After all, even animal husbandry has a department in the central as well as the state cabinets."

Narrating his tale, Suresh told of how, within days of his marriage, his wife insisted that they live away from his parents. "I was a businessman, and when I suffered a few losses, I turned to her for moral support. What I got instead was a police complaint against me, and she went away to stay with her parents in Bangalore," Suresh alleges.

"Today, she manages the time to file for maintenance and register sundry complaints against me, but somehow never gets around to respond to my request for interim custody, which would have at least allowed me to see my son," he says.
His is not an isolated case. Meet Gurmit and Kartik (both names changed). Kartik is a government servant, and has a five-year-old daughter who runs away at the mere sight of him.

"My wife and in-laws have turned her so much against me that she refuses to even meet me. People now sympathise with my wife because she is a woman, but what about my mother and sister, who had to spend time in police custody because of a complaint by her? Are they not women too? It is just an effect of too much television," he says.

"We will definitely support all efforts to protect women, but we are against any misuse of the laws that have been framed to protect them," says Gurmit, who used to work in the Middle East before coming back to India to get married in 2005.

"I used to think we would be happy. But my belief was shattered the day she lodged a complaint against me, charging that I had demanded dowry. All the people in our foundation have similar problems: their wives want them to stay away from their parents, and will stoop to any depths to achieve this," he says.

The foundation has already sent a number of memoranda to the President, the Prime Minister and the Union law minister, amongst others. "We will now play the waiting game, and see what the government can do for us," Suresh says.

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Friday, August 1, 2008 - 'Dads can mother': Times of India

'Dads can mother': Times of India

It's tough to find a Mrs Kramer in real life. Or so many Indian fathers, who want primary custody of their minor child, would say. These dads contest the general view that mothers are best suited for the caregiver's role, and want the law to be open about the fact that in many cases the father may be a better custodian.

"A man can also multitask between domestic work, business and taking care of the family," says Bangalore-based stockbroker Kumar Jahgirdar, who has been fighting for primary custody of his 13-year-old daughter for almost nine years now. "Giving a father visitation rights, like spending one hour a week in the park or meeting the child in the mother's presence, are not fair," he adds. While such views have already formed support groups of fathers on the Internet, Jahgirdar has gone a step ahead. Last month, he founded Child Rights Initiative for Shared Parenting (CRISP), an organisation that aims to "fight for a child's right to have access to both parents". Over 200 fathers are already said to have joined him.

Jahgirdar's initiative may strike a chord among many divorced fathers in India. "The courts are much more in favour of the mother," says Supreme Court lawyer Geeta Luthra. "But you cannot negate the father's role completely, especially in cases where the mother has gone abroad, or there are psychological reasons to be considered." The gender of the child is also often held significant by the court in granting custody of a female child to the mother. "But a girl child is safer with her father and a stepmother than with her mother and a stepfather," says Naveen (surname withheld on request), who counts himself "more fortunate than most". Naveen, who has had full custody of his 13-year-old daughter for three years now, believes his is a rare case. "I don't know any other single divorced father, whereas I know of many single mothers," he says.

Men like him feel that since mothers too are working outside home now, they aren't any closer to their children than fathers. "Ultimately, the most important thing is that both parents should be able to spend equal quality time with the child," says Jahgirdar, who, after reaching the Supreme Court twice, now gets to spend 110 days a year with his daughter, including weekends and vacations. The court denied him custody because there was no female member in his house. But now that Jahgirdar has got remarried, he has filed a fresh application. "Chetana (his ex-wife) has two small children from her second marriage, whereas we don't have any so far," he says. But isn't such a prolonged court battle unfair to the child? Jahgirdar maintains that his daughter has always taken a neutral stand. "She can't decide between her two eyes, no?"

That's probably the most unpleasant part of the whole affair. "If the child can decide, there is no need for the judge," says Jahgirdar. But then few cases can get as murky as a custody battle. "Sometimes, when the bickering gets too nasty, you have to bring in the child," admits Mehak Sethi, senior legal officer with Lawyers Collective, while conceding that it's a tough step to take. Suffering parents, however, get almost vitriolic on the question of asking a child to choose between the two. "Does the judiciary realise that its prime goal is to rule keeping in mind the welfare of the child and that children are not always the best judge of their welfare, especially minors and alienated children?" says an entry in the blog of a father fighting for his children's custody.

The child's happiness should indeed be the focus of all parties concerned. But embittered fathers feel that pro-women laws often blur the fact that the child may be better off with them. "Is there a ministry entirely for children?" asks Jahgirdar. "There is a ministry of women and child development. The focus should be on the child's welfare, and sometimes children can be nurtured outside a woman's shadow too."

Joint/share Child custedy should be the LAW , irrespective of any situaion.Stop treating the Fathers just like a Free ATM machine. Stop creation of Father less child. It had been wittness through various study establish the fact behond resonable dought that a Father less child is abused mentally, sexually, finacially at least more than 10 times than the child under fathers custedy. A girl child forced to go for prostituions 15 times more and boy child forced for child labour more than 15 times than a child under father custedy.

Need for seperation of Present Women and child Minsitry and formations of Child wellfare ministry , as presently the well fare of the child had been neglected in the name of selfhish women well fare. Women well fare and Child well fare are not the same.

For Further Reference:

Women Fined for Not allowing Father to meet his son: Delhi High Court

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Thursday, July 17, 2008 - E-zine supports 'harassed' men

E-zine supports 'harassed' men

Himanshi Dhawan | TNN

New Delhi: A monthly newsletter — Indian Family Times — that has taken up a fight against the anti-dowry law on the internet, has invited contributors to post pictures and profiles of women who have "misused" the law to lodge false dowry cases against men.

The online newsletter, started this month, has also hailed Delhi Police commissioner Y S Dadwal as a "true patriot" while calling women and child development minister Renuka Choudhary a "pinhead".

Terming IPC 498A or the anti-dowry law as "legal terrorism" — that was introduced with good intentions but has been plagued by bad execution — the newsletter claims that it will highlight the harrowing tales of victims who have fallen prey to the misuse.

This comes close on the heels of a consultation by the WCD ministry on the issue following criticism against the Dowry Prohibition Act and the Domestic Violence Act.

"The law is being used by unethical and immoral women and their families to harass the husband's family, humiliate them to accept their improper and illegal demands, and extort money," the newsletter said. The e-zine has a "hall of shame" that includes a woman's name, address, educational qualifications and her family details warning prospective "grooms" to keep away. Its "success story" has details of a man who has been successful in escaping the "trap".

The publication lauds Dadwal for issuing standing instructions that no arrests except for the husband's be made in 498A cases without the permission of the DCP. Referring to WCD minister Renuka Choudhary, the newsletter says that "for her actions against the Indian family and her crazy comments, Ms Choudhary is a pinhead".

Reacting sharply to the remarks, Choudhary said, "This is classic male behaviour. I really pity these men... this is no way to change the system." Referring to the newsletter's move to include women's profiles and pictures, Choudhary added, "It is a democracy and they are free to do what they want but it is an unfortunate thing that they want to put up women's pictures like this. Do we have to upload pictures of dead wives and sisters to make our point?"

It is not the men, a women written about her act and she want to put all the balme to men!!!

The above rections by Ms. Renuka Choudhary , proves behond resonable dought , that she is not only a male-hater ( who earlier said , trust condom, but do not trust men), pin head also, behond resonable dought.

Further do she know how many married men and borthers are dead?

She will be needed double the space to upload the picture as dead men are double than women.

Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?

2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.

Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife) .

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Thursday, July 17, 2008 - Sub: NCW’s recommendations to address “unnatural deaths” of married women are Unreasonable

Sub: NCW’s recommendations to address “unnatural deaths” of married women are Unreasonable

Dear WCD Minister,

We, the members of Save family Foundation, Delhi , are writing to express concern over the unending stream of unreasonable amendments to laws pertaining to women recommended by National Commission for Women (NCW).Barely a week after NCW made ridiculous recommendations on awarding maintenance for live-in-partners and adulterous wives; it is now pushing for broadening of the Dowry Prohibition Act, so that unnatural death of a woman at ANY stage of her marriage qualifies as dowry death.

At present, unnatural death of a woman within seven years of her marriage is considered as dowry death, attracting punishment to the accused husband and relatives under Section 304(B). While the current seven year rule and the automatic presumption of “dowry death” is in itself is absurd, NCW opines that there should not be any time limit on registering unnatural death of a married woman as dowry death i.e. death caused due to demands for dowry.

Media finds no incentive in highlighting the truth about abused men. People in power find no financial or political mileage to be gained from taking measures to prevent unnatural deaths of men. The recent demise of Pushkar Singh is one of the countable few cases that at least caught some media attention. Sadly, even though his suicide note bears evidence to the fact that he was financially and emotionally destroyed because of false criminal cases filed against him and his family by his wife, she was not even been called in for questioning by the police until family rights activists like us mounted pressure on them.

One can only imagine the fate of cases where men take their lives silently, leaving no note behind. Deaths of these men make for the brief stories in newspapers stating that a certain man “killed himself due to family issues or financial problems”. NCW is trying to appear very generous by recommending that “arrests of the immediate family members not be made till they are proved guilty”. Why should any individual (man or woman) be arrested unless there is strong basis to believe that they committed the alleged crime? Why is it alright to arrest a husband based on a presumption of dowry death (i.e. murder or abetment of suicide) when the same rule is not applied to a wife upon the unnatural death of the husband?

As per the Universal Declaration of Human Rights, every human being (irrespective of age, sex or any other criterion) charged of a penal offence has the right to be presumed innocent until proven guilty. Through its recommendations, NCW is suggesting that husbands do not count as humans or that they are not entitled to the same basic human rights as others.

Spreading blatant lies and alarmism about increasing crime against women, while ignoring similar abuses and crime against men may be a lucrative means for radical organizations like NCW to justify their existence and to attract funds from national and international organizations. However, NCW has still to answer some fundamental questions pertaining to women’s welfare.

Is the pain of a mother who lost a son to domestic abuse or legal terrorism any less than that of a mother who lost a daughter? Is the pain of a woman who lost a brother any less than that of a woman who lost a sister?

How many more mothers and sisters should lose their sons and brothers before measures are taken to alleviate their sufferings?

Aren’t mothers and sisters women? Don’t they deserve a life of dignity and respect?

Do sufferings of innocent mothers and sisters bring justice to genuinely abused women?

Is protection of women’s rights synonymous with gross violation of basic human rights?

Is legal terrorism the solution to all women’s problems?

We strongly condemn NCW’s radical proposals. In the interest of justice, fairness and equality to both genders, we, the members of Save family Foundation, Delhi, make the following recommendations:

• Section 304(B) should not be retained in the law; IPC Section 302 already covers murder andIPC Section 306 covers abetment of suicide, and therefore Section 304(B) is only a duplicationof law, which is gender-biased.

• All cases of murder, including murder for dowry should be dealt with under IPC Section 302.

• All cases of abetment of suicide, including those allegedly done for dowry, should be dealt withunder IPC Section 306.

• If IPC Section 304(B) is not removed from Indian law, then it should be amended and madeapplicable to men and women equally. Specifically, the word “husband/wife” should bereplaced by the word spouse.

• Section 304(B) treats the accused as guilty until proven innocent, thus, violating the UniversalDeclaration of Human Rights which proclaims that “everyone charged with a penal offence hasthe right to be presumed innocent until proved guilty”. The law needs to be amended so that noarrests of any of the accused (man, woman or child) are made without proper investigation and Written approval of police officials of the rank of DCP or above.

• Those who misuse the section for settling personal scores should be heavily penalizedbecause false allegations and prosecution can cause irreparable damage to the accusedParties even if they are later declared not guilty.

We hope that you will take our recommendations into serious consideration and promote justice irrespective of gender.With High Regards

(Save Family Foundation)

For ready Reference :

Dowry death misuse: A Justice Saldhana judgment

· Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?

· 2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.

Further CC: For all kind information and request to look into the matter.

1.Secretary, Government of India,Ministry of Women and Child Development,Shastri Bhavan `A' Wing,Dr. Rajendra Prasad Road,New Delhi-110001

2.Joint Secretary, Government of India,Ministry of Women and Child Development,
Shastri Bhavan `A' Wing,Dr. Rajendra Prasad Road,New Delhi-110001

3.Dr. Manmohan Singh,Prime Minister of India,South Block, Raisina Hill, New Delhi,110011

4.The Hon’ble Minister,Sh. Hansraj Bharadwaj,Ministry of Law & Justice, 4th Floor, A-Wing, Shastri Bhavan , New Delhi - 110 001.

5.Ms. Sonia Gandhi,UPA Chairperson,Indian National Congress, 24, Akbar Road, New Delhi – 110011

6.Shri, L. K. Adavani, Leader of Opposition in Parliament,BJP Central Office, 11 Ashoka Road, New Delhi 110001

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Wednesday, July 2, 2008 - Is dowry law serving its purpose? By Sumit Bhattacharjee: The Hindu

Is dowry law serving its purpose? By Sumit Bhattacharjee: The Hindu

Some people, including a section of legal fraternity, feel the Act is being misused

VISAKHAPATNAM: Legislations are made to safeguard the interests of certain sections of society. And in tune with that, the Dowry Protection Act was amended in 1983 to give birth to IPC 498a. The idea was to add more teeth to the Act to protect women from physical and psychological violence after marriage. But, of late, a part of society, including a chunk of the legal fraternity, feels that the Act is being misused.

As per the provision under IPC 498a, the police can arrest any person, be it the husband, in-laws or distant relatives, whoever is mentioned in the complaint filed by the married woman, without a warrant. The Act prescribes non-bail-able warrant -- it is non-compoundable and treated as a cognisable offence.

"The 498a had come into force when the concept of dowry had shaped into extortion and suicide and bride-burning cases were rampant. But over the years, it seems to have lost its purpose and is being used as a weapon by many women just to harass their husbands and in-laws by fabricating cases," says D.V. Subba Rao, advocate and former Chairman of Bar Council of India.

'A tool for extortion'

An affluent Marwari family, which was made to cough up Rs.30 lakhs recently for settlement, claims that the Act has become a tool for extortion. "The bride's family virtually held us for ransom till we paid the amount. And in certain states like West Bengal and Bihar, there are organised gangs who operate under the guise of social workers to do the settlement. At any point of time, no decent family would like its members to be arrested or sent for remand, and they are taking advantage of that aspect of the Act. There seems to be nexus between pressure groups – the police and the legal fraternity," says a member of the family.

Another lawyer P.A.K. Kishore points out that in a family there is bound to be harmony and disharmony in the husband and wife relationship. "But, unfortunately many women are fabricating cases on trivial issues to get things done.

If you do not take your wife for a movie or to a restaurant, she can simply fabricate a case the next day and get you arrested under the 498a section, and the police will blindly arrest you without an inquiry or investigation, since it is considered to be a cognisable offence. It is more common in the urban set-up than in the rural areas. Everyday the court receives at least one 498a case on an average," he says.

The Act clearly empowers the police to make arrest without investigation or magistrate's order and is non-compoundable, leaving no space for compromise at a later stage.

Justice Malimath committee, in its report, clearly indicated its misuse and recommended that it be made compoundable and non-cognisable.

A few states like Andhra Pradesh have already made it compoundable but it is still non-bailable and cognisable.

However, K. Padma of Mahila Chetana says: "Every legislation is misused in one way or the other.

Recently the SC and ST Atrocities Act was misused against the editor of a newspaper. Legislations are misused with the help of money and muscle power. IPC 498a is a protective Act. And protective laws could prove to be an angel for one and devil for the other. Since ages, it has been a male-dominated society and people are afraid of women empowerment. This Act should not be tampered with," she says.

Rise in cases

According to a survey by NCRB (National Crime Records Bureau), while the number of cases under 498a is on the rise, the conviction rate is barely 3 per cent and over 1.17 lakh women were arrested in the last four years under this section.

"The irony is that the Act has been actually introduced to save women from atrocities but more and more women are being harassed," says Mr. Kishore.

Many senior legal professionals favour that the section be made bailable, compoundable and non-cognisable.

Ms. K Padma,
With due respect , we strongly object your statement , that all law misused, hence let allow the misuse of 498A and do not take any action.498A/DV act is not a law like other LAW. This law do the extrotion of money from the Husabnds family the way a terrorist do form the society. This law denies the basic right of a human, let it be men or women.

No LAW in the IPC had been grossely misused like 498A till date and other law realted to so called protection of Women. This are the LAWs which gives the direct moneitery benifit to the women against her only alligations without any evidence, let it be true or false. That is the main resons or motivation to misuse the same and there is no direct punishment.

In case of ST law also, the complintant do not get any free Money after filling the complint. Free money is the main cause of mis use the law like 498A or DV act etc.

Further , can you tell me why the TADA/POTA was changed? When the politician face the problem the law changed, but when common people face the problem , no action?

You would like to suggest only when the people will take the law in hand like burn the buses, block the raod , strike, then only we should take action?

SC never termed any IPC law misuse like Legal Terrorism and ask the goverment to take the necessary action in 498A, still Goverment is silent.

Further , the law is such that , if the complain is true ( it is not like other IPC) , the convection is 100% , as it need only the verbal statement of the compalint , it is the accused have to prove the statements are wrong . In that situaion also more than 90% people proved thier innocence , but they had been arrested without any proper investigations and thier evidence had not been considered at the time of arrest , what you want to say , it is not a gross misuse?

Request to Stop the promotion of Legal Terrorism, as in the whole IPC of India or in the whole wrold there is no where such barbaric act there even in ST law also , where a mens mother/sisters/samll child had been arrested, inspite they are not present or lived with their shreemati 498a.

Your seccond part to calim that it is a men dominated society and people afrid for women empowerement, is like giving the excuse that I cant play the cricket as Sachin Tendulakar or Dohni dominate the Indian team. At preseent there is no restrication for any women to do the hard work and earn her living as per her talent or capability. We do not know what our fathers fathers done and we are not responsible for that and you can't punish us if at all they have done any think worng.

It is not fair to calim that we will demolish all masjid as some muslim king destroyed some temples in past. Your view is only reflect a "male hater attitutude" and belive to earn the free money without any hard work and enoy the lavish lifestyle on others hard work. It is not men male dominated world or never it had been, it is the maximum women prefered to take the role of comfort and avoid the hard working and want to enjoy the hard works frute of men. In addition to that it is the Grils family treat thier daughter or sisters as a Barden , so if at all the Punishment should be given it should be towards the Girls family , not against the Husbands family.The truth is still more than 99% cases , it is the husbands or his family providing the shelter/home/security to the women, not the Girsl family.

There is no work or any place available in India where today women is not allowed to work or dominate with thier excellence. If you know, tell us we will destroy the same, let it be IT/Politics/Ministry or labour field. This country wittness of Women Prime minsiters , it all about her capability and the girls parent's do thier job honestly and do not think that the girls are burden for them.

Still more than 90% hard work job like army, labour, riskwalabal are men.. why women do not demand reservations there?

Avoiding to take the responsibility to be changed in women's mind, if they want the so called gender equality , today women are not abala nari.. they are killing the man, they are throwing the acid, they are killing the child, they are doing smallagings, they are eqalll part to drink, break galss in pub, adultrity.. no where any restrictions for today's women. Let make the law gender eaull , if you fell women do not do the crime .Can you?
or
You belive the pain of a mother/sisters is less when she loss her son or brother and the same to be termed as social service in this country?

For your ready reference :

Data of Crime Bure 2006 498A and 304B:

Data of Crime Bure 2006 498A and 304B:
No. of Person Arrested under (498A +304B)                       : 161217
Child/Senior citizen/Women arrested                                   :280/4700/31253
No. Of person Arrested Under 304B                                        : 24562
No. of Person Arrested Only under 498A (living women)          : 137180
No. Of person Not Charge sheeted                                          : 31128
No. Of person Charge Sheeted                                               : 125277
No. Of person's Trial Completed                                              : 78292
No. Of person convicted (498A+304B)                                 : 16995
No. Of Person Convicted by 304B                                        : 5144
No. Of person Convicted Under 498A but not 304B                : NA?
No. Of person Proved Innocence at Court under 498A       : 61297
No. Person's case compunded or withdrawn                        : 13970
No. Of person Convicted only under 498A without 304B      : NA ?
No. Of person Accused under 498A and harresed to Got AB/ArrestStay and Trail not recomended, at least 5 times more 8,05,000     : NA ? ( 8,05,000 )
On an average (3+19.3) = 22.3% people's case (4812+31128) =35,940/- had not been even charge sheeted and proved innocence before trail.
It is a clear example that approx 80% cases people proved their innocence at Court that they had been arrested without any reason/evidence as 498A/304B is non-bailable and do not need any evidence to arrest any TOM/Dick or Marry .
So, it is a clear example that more than 92.3% cases the people had been arrested under 498A without any evidence, where as if the case is true and the verbal statement of the compliment itself find true, the convection is 100%.
Still in this special LAW more than 92.3% People proved their innocence, where as in normal IPC the convection is more than such LAW, then why need this special LAW?
The Answer : To do the Legal Terrorism and earn the money from Husband's Family as a whole sale free license and openly Blackmail and do the extortion of money by Wives family in front of Police/Court/Media and the same is not to be termed as crime.
We wonder Whose life is in More Danger in India : Men or Women?

To understand the reason one must Know: Women "Engineering viewpoint"

Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?

2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29.869

Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife)

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Wednesday, July 2, 2008 - Maintenance for live-in partner? or Legal Extrotion?

Maintenance for live-in partner? or Legal Extrotion?

NEW DELHI: A woman in a live-in relationship should be entitled to maintenance if she is deserted by her man, the National Commission for Women has said.

In far-reaching recommendations to the ministry of women and child development, the commission has sought a change in the definition of "wife" — as described in Section 125 of CrPC, which deals with maintenance — and suggested that it include women involved in a live-in relationships.

The move aims to harmonize other sections of the law with the Protection of Women from Domestic Violence Act that treats a live-in couple's relationship on a par with that between a legally married husband and wife.

NCW also sought another significant amendment to Section 125, saying that said adultery should no longer be a ground for denying maintenance to a woman.

"We have found in 70% of divorce cases, adultery is used to discredit the woman. Not only is she thrown out of the house, but is also disgraced and denied her rights," NCW chairperson Girija Vyas said.

Section 125 provides for maintenance of wife, children and parents, who cannot maintain themselves. Maintenance can only be claimed by a woman who is a wife, has either been divorced or has obtained divorce, or is legally separated and is not remarried.

Pointing to the need for broad-basing the definition of wife in the section, commission officials said there had been many cases where the man led the woman to believe that he was unmarried or was divorced or widowed and went through the formalities required by the Hindu Marriage Act or the custom governing him.

'Long-term relationship valid to claim alimony'

The move by National Commission for Women to seek a change in the definition of "wife" is aimed at harmonizing other sections of law with the Protection of Women from Domestic Violence Act that treats a live-in couple's relationship on a par with that between a legally married husband and wife.

This is a great example how desprate our so called NCW( National comission of women desprate to save gurd the adultrous women of our society and trying to convert the civilized society to a animale society).

Thier one simple aim in the name of so called Women empowerment , just extrote the money from Men as much as possible without any work and enjoy the lavish life-style and increse the litigations as maximum as possible.

Does she know waht is called live-in-realtionship and married relationship? Does men put a gun in fornt of women and ask for live-in-realtionship?

What for Cheating and Fraud LAW are there? If any one do the marrage by froud and Cheating for that even Rape case are there, does they do not know that?

Further the NCW do not answere, why women they do the adultrity and demand the Money from thier ex-husbands? Such type of women should have been behind the bar, where as they are moving freely in the society as the adultrity is not a crime for a Women.

National Commission of Women or National Commission of Adulterous women?

Already as per law even when a women caught red handed in adultrity case, there is no punishment to her, inspite of husband proved the same in court, maximum the judge can refused her claim of maintance, but no punishment, as it is not crime for a wife.

But, here also a Judge can’t do the same as , she just say, ok, “I was in adutrity relationship, but presently I have not living in adultrity.’

The law had been already amended the word “Lived in adultrity to living in adultrity”, so how the claim of NCW(Ms.Girija Vyas) is justified only god knows or it is their desperate attempt to give a whole sale free license to Indian women to do the adultrity and use the Husband as a Free ATM machine?

CRPC125 is a criminal case and it clearly mentioned, any women who can’t maintain herself to live a life can claim maintenance (no limit) from husband.

From the court record it is evident, maximum women who are well educated, working and healthy to earn themselves rush to the court and want money form the husband, but do not forget to file another criminal case (like 498A DV act), mentioning that their husband ill-treat them for money, but they themselves openly demanding money as a legal extortion and that is not a crime in India. Further to note, if a women earn the money and husband due to some any reason not able to earn the money, even if he is ill or any other condition, he is not eligible for any maintenance form the working women, irrespective he had earned lacks of rupees and given to his wife.

So the question arises: Is Indian Husband is a Free ATM Machine for Indian wives?

It is here to mentioned that, presently a women can claim maintenance form three different Law, like section24, Crpc125 and Domestic Violence act. This totally abuse of Indian Judiciary System, as for the same purpose, three different case filed and this not only wastage of Judiciary man Power, it is violation of Indian constitution, as it clearly mentioned, for the same offence a person can’t be punished more than once. Then why 3 different maintenance cases against a Husband, if at all considered the Husband done any offence?

Further on failure of non-payment of maintenance, not only warrant, it is a crime and the husband gone to jail , lost his property under execution of the same , and unable to understand why NCW (Ms.Girija Vyas) justified the same with new demand.

Ohhh.. Now we understand, as we witness in a lot of cases the so called women filed false and fabricated income of the husbands, reason to live the house (where the husband have the RCR degree) and get the huge maintenance, like Husband’s IT return shows he earn 10K, but maintenance awarded 12.5 K, or wife was working but in front of court she says, “I am not working: etc and the husband gone to higher court with her IT return, PPF account details, Bank account details, her adultrity relationship details and the higher court put stay in maintance case, the same should not be allowed and court should not obey the higher court’s order and send the husband warrant and send them behind the bar.. very interesting.

In this country if a husband go to higher court, if he feel the order of lower court is against his basic right, they will be termed as criminal and a New case under DV act will be filed, as it is a economical abuse to a women ..Right?

Also the live-in-relationship, is not a legalized in India, but NCW (Ms.Girija Vyas) want the legal rights to be given as same as marriage, but there is noting mentioned, what do we mean by a living-in-relationship, it can be one hour, it can be one day, it can be one months or it can be 100 years also. No dought , a lot of countries had legalized the live-in-relationship , but there is a clearly mentioned , minimum how many years both the partner have to live together , before claim any legal rights and the legal rights are same for both the partner, but NCW want , in live-in-relationship, a man should not get any legal rights( presently it is a crime for a man) , but women should get all the legal rights .

Recognized the “live in relationship” without any prescribed time frame, is nothing but promotion of Animal society, which might have forgotten by our so-called National Commission of Women’s.

So, save family foundation, strongly oppose such “dadagri of NCW” by Ms.Girija Vyas and request our Lawmaker to act immediately amend the CRPC 125 as under:

The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse.
A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine.
The word “living-in-adultiry” to be replaced by the word “living or lived in adultrity” during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating.
If any one filed the maintenance under crpc 125, the person should not be entitled to file or claim any other maintenance case under section24 or DV act.

Let wait and see , how our LAW makers react to “NCW’s dadagari” and able to provide and maintain a civilized society of India or create a lot of Father less Child in India also , by promotion of adutrity and undefined live-in-relationship( only a photo of two partner is sufficient to define the live-in-relationship).

So, Save family foundation and all their sibling associations urge to the LAW maker to ake the LAW without any Gender bias and without any assumption that all the women born in Raja Harish Chandra family (never lie) and all the men born in Criminal family.

And we feel such type of absurd suggestion is a insult to those honest women , who do not do the adultrity and believe in institution of marriage and let them to decide in this country the meaning of NCW is “National Commission of Women or National Commission of Adulterous of Women !!”

And for Indian men, forget about you do adultrity or not it does not matter , irrespective the allegation is true or false , not only you , your mother, sister, age old father will be thrown out of your own house under DV act , just one line complain : Just she have to say , “I am anticipate of Domestic Violence” form my partner , let it be a friend , husband or any one and you are out of your own house and land up in Railway Platform.

This is called the present Justice system in India and equal right in India.

For a wife even adultrity also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.

To get any legal right in live-in-realtionship a minimum time is required , otherwise the same will be misused by dishonest women just to extrote the money from men.

As Arnab said : "They are legalising the fact that your wife or girlfirend can sleep with 10 different men and still claim money from you as a Husband anbd also from the 10 different men as Live in relationship maintenance . Whole sale free income."

When women deserted to a man in live-in-realtionship , should the same to be termed as Social service by those great women? Why NCW do not demand that in such cases the women also have to pay the maintance to the man?

Indian men still sleeping and not able to understand the dirty game plan of those Radical orginasations for thier own personnel benifit ( divorced and live-in-realtionship women) misusing the provision of Indian Constituion to such a extant the Gender War is coming . Allready the Instituion of Marrage had been killed, harmoney at work place disturbed now the time to destory your own basic right to live and liberty also.

Indian Men just a Free ATM machine nothing else!!!!

We immediate demand to Indian Goverment for formation of "Men well fare ministry" to stop such dadagri of NCW and stop treating the Men as Free ATM Machine and immediately sack the present NCW chair person , who is misusing her power to just full fill her own personnle benifit.

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Wednesday, July 2, 2008 - Meeting with Ms. Renuka Choudhury, WCD:As Renuka fights for women, men allege torture:Yahoo News

Meeting with Ms. Renuka Choudhury, WCD:As Renuka fights for women, men allege torture:Yahoo News

Wed, Jun 25 08:25 PM

New Delhi, June 25 (IANS) A meeting called Wednesday by Women and Child Minister Development Renuka Chowdhury to discuss the law relating to the harassment of women over dowry turned acrimonious after some 50 men and their families barged into the venue, alleging the law was blind to their torture at the hands of women.

The high drama lasted over one hour at the India Islamic Cultural Centre here, with the minister initially refusing to talk to the men when they barged in. She asked them to withdraw from the small hall packed with women delegates, including experts, psychiatrists and psychologists.

The men trooped out shouting slogans. As they gathered outside the venue, the police were called to maintain order. Chowdhury shouted back at them and told them they would have to maintain peace if they wanted to be heard.

After a while Chowdhury spoke to the men's group, representing the Gender Human Rights Society, and listened to their problems.

Chowdhury, who was chairing the round table on building partnership with men towards women's empowerment and gender equality, said the government planned to review the law as complaints have been heard about violence against men.

'It is wrong to say that domestic violence is only seen among poor families. Educated men also are not afraid of hitting a woman. Laws are there for protection and not against or in favour of anyone,' the minister said.

One of the protesters was Neeraj Aggarwal, the executive member of the Gender Human Rights Society, who said they had received a number of complaints from elderly couples about how their daughters-in-law had forced them out of their homes.

'We see men who have been beaten up very badly. As the laws favour the women, they register case against the husband and his entire family. Even those who are not involved are charged and arrested,' he said.

Most of these men were protesting against section 498 (A) of the Indian Penal Code, under which the husband or relative of the husband of a woman subjected to cruelty can be imprisoned for three years and also fined.

Some of the protesters carried banners saying that radical feminists supported the section. Most of the men also wore black badges in protest.

'We want the law to be redrafted so that men are not victimised,' said society president Sandeep Bhartia.

Meeting with Ms. Renuka Choudhury, WCD

The meeting with WCD minister Ms. Renuka Choudhury, Ms. Kiran Chadda Secretary,

Ms Girija Vyas of NCW, Ms. Asmit of Lawyer's Collective, Gauri Choudhury, Ms. Jyotsna etc was a mixed one.

Save Family Foundation Delhi, Pariwarik Suraksha Samity of Praveen Walia, Pati Pariwar Kalyan Samity, Lucknow, Bharat Bhachao Sangathan Kolkata, GHRS, Rakshak, etc were present there.

Initially 1 and 30 min, only UNIFEM people were talking. No one of us was allowed to speak. When Sandeep tried to intervene he was threatened that he would be thrown out. Then we realized that we will not be given any chance to speak. Media was not allowed inside initially.

Then Neeraj, Niladri, Wasif, Komal, Jeetu and plenty of plenty others (about 100 people) started Naarabaji. Then the voice of the shouting reached inside. Renuka came outside to see what was happening.

All the media stared taking bytes of Naarebaji, with black bands on our hand. They started taking bytes of different persons, including ur mothers and sister.

After that, the atmosphere inside changed. Our people were allowed to speak.

Dr Anupama countered all the stats of UNIFEM with DV stats that of all over the world that DV is not gender specific. DV by women versus men are same as DV of men against women. But unfortunately as per DV act in India and all study are biased. She challenged how your all study is different which shows only men do DV in India. She also asked their study report. Further she asked Renuka what about DV of women against another women? Why the same not covered in DV act?

Renuka : No, it is already covered. Then all pupils started protesting and she was forced to referred the DV book.

Sushil Kr Sharma of Mulkraj Foundation : Madam in last 1 year I have seen a lot of change in you. Previously u used to talk only of wife's right. Today at least u r talking about family rights.

Renuka : It is a compliment. Thank u.

Sudhir and all team members from back : Election is coming !!!

Sudhir : Madam, I want only 30 secs.

Renuka and her gang happy to give only 30 secs : OK

Sudhir : Madam, u r the Women and Child Minister. And in India last 3 years, 1,20,000 mothers and sisters have been arrested under 498a without any investigations which even the barbaric British Government has not done. Are u not ashamed of it? Should I address u as wife minister only instead of women minister?

Renuka was silent. All her other gang members try to divert the issue.

Dr Mrs. Indu Subhash tried to highlight the Late Pushkar Singh case of Lucknow, which Renuka said will deal separately.

Swarup : If you would want partnership with men's group, we are ready , but I want justice for 56000 husband who has dies due to suicide.

Renuka : But what about the 7000 wife who are burnt in dowry torture.

Swarup : But more than double ladies are killed in Western Country and the same termed as dowry death, where as all other country term the same as Spouse murder. Indian men are different than western man. Further more than 10000 unmarried women also died, why you do not ask to send their parents to behind the bar?

Renuka : That is the reason I have married an Indian Man and also have two lovely daughter.

Swarup : Lekin apke koi beta neho hai. That is the reason u do not understand the pain of a mother whose son has died.

Renuka kept quite for a moment.

Renuka in a low voice : I am happy, I do no have a son

Swarup : Now Madam, choice is with u. Whether as per records a western women earns at least 4 times more than Indian women. Still more than 70% children are father less. If such things continue, Indian also witness the same. It is upto you to decide whether father less child will increase the total crime and domestic violence in society or decease it. Just think yourself and decide.

Later Renuka called the media and had a press conference.

After the press conference Renuka called all the men, and their mothers and sisters. She had an open discussion. Dr Kiran Chadda, Secretary, WCD admitted that laws are misused and her own relatives are also suffering.

She said that she is going to meet us again for detailed discussion.

Plenty of media covered us and the entire event.

(Photo Click Here)

Times of India - 'Pro-women laws being misused'

NEW DELHI: Are we being fair on the not -so-fair sex? It would appear not. Laws for protecting women like the anti-dowry legislation and the domestic violence Act were vociferously opposed by men's groups on Wednesday at a consultation initiated by the ministry for women and child development and UNIFEM.

The burden of their argument was that these laws don't follow the fundamental legal premise that a person is innocent until he is proven guilty. "In 30% of the cases that come to us, there is a rift between the woman and her in-laws where the woman forces the man to choose between the two under the threat of slapping Section 498A of the Dowry Prohibition Act on the husband and his family," said Ashish from Save Indian Family (SIF). He added that there should be a deterrent to prevent misuse of the law. Another representative Hemant from SIF said that 1.2 lakh women (women relatives of husbands) were arrested under the anti-dowry Act but the ministry of women and child development minister was not doing anything about it. "Are you a wife development or a woman development minister?" he asked.

Dr Anumapa Singh, who counsels couples, pointed to the anomaly in the domestic violence law in that the aggrieved party could only be a woman while the respondent could only be a male. "We have witnessed violence at home where the perpetrator is a woman. So why does the law hold a man as the accused?" she wanted to know. TOI had reacted to an observation of the Orissa chairperson of the state commission for women on September 19, 2007, when she had said that these laws were being abused. We had felt there should be checks on such abuse and said, "In cases where a complaint is proved false beyond doubt, the accuser must face a jail term." This would act as a deterrent to the abuse of Sec 498A, we felt.

At the meeting on Wednesday, however, the men's group wanted the laws to be scrapped altogether — which is not such a good idea as it is undeniable that many women do get harassed by greedy husbands and in-laws and need legal protection. Sanjay Bhartia of the Gender Human Rights Society said, "We have been opposing the domestic violence Act and have even submitted a memorandum to the Prime Minister last year on the issue," he said. Bhartia added that there was need to review the laws that were radically tilted in favour of women and open to misuse.

Men's organisations invited for the interaction landed up in huge numbers with posters and banners, disrupting the consultation with their sloganeering.

Faced with vehement opposition, WCD minister Renuka Chowdhury admitted that she was open to change the law. "Law-making is a dynamic process. We are ready to change the law but as of now there will be no amendments to it," she said.

Reacting to the constant allegations of misuse, Chowdhury said that there were enough deterrents in the penal code to punish those found guilty of misuse. She, however, did not spell out the deterrents.

Wednesday's protest came at a time when the Delhi police commissioner has issued instructions that only the husband and not the extended family can be arrested in anti-dowry cases. Reacting sharply to this, National Commission for Women chairperson Girija Vyas said, "If the anti-dowry law is taken lightly, women will suffer a huge loss. Only 6% of the cases are false under the Act."

Further News Reference:

As Renuka fights for women, men allege torture - AOL India News

As Renuka fights for women, men allege torture - Thaindian News

As Renuka fights for women, men allege torture @ NewKerala.Com ...

Govt to review domestic violence act: Renuka - Sify.com

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Wednesday, July 2, 2008 - Bid to stop dowry law misuse- Hindustan Times

Bid to stop dowry law misuse- Hindustan Times

To prevent misuse of dowry harassment laws, no arrests will be made without prior investigations, a circular issued by the Commissioner of Police states.

According to the order, only the main accused will be arrested unlike previous instances when even the distant relatives were not spared. Earlier, a mere allegation or the name of a relative lodged in the First Information Report (FIR) by the complainant was enough to arrest the entire family.

The order issued by the Commissioner of Police clearly states that any arrests under sections 498 A (matrimonial cruelty) and 406 (criminal breach of trust) of the Indian Penal Code will be made with prior permission of a Deputy Commissioner of Police (DCP).

“Arrest of the accused should be an exception and not a rule. From the allegations set out in the FIR and other subsequent allegations or material collected during investigation, if necessary only the prime/main accused, whose primary role in commission of the offence has been established, should be arrested, and that too after the prior written approval of the DCP,” the order issued by Y.S. Dadwal, Commissioner of Police, reads.

Social activist Ranjana Kumari said, “Earlier the police either registered an FIR or arrested everyone named in the FIR. The new guidelines have ensured that all the complaints are registered and the ones found guilty in the due course of investigations are arrested. Violence perpetrated on a woman would be proved anyway during the investigations.”

According to a survey conducted by the USAID and Centre for Social Research, it was found that six per cent of the complaints are aimed to settle scores and get even with in-laws.

The order also states a judgment passed by the Delhi High Court in 2003. The Court observed that Sections 498A/406 of the IPC which are “much abused provisions and exploited by the police and the victims to the level of absurdity….every relative of the husband, close or distant, old or minor is arrested by the police. Unless the allegations are very serious in nature and highest magnitude, arrest should be avoided”.

Last year, of over 4,400 distress calls received by women, about 24.3 per cent calls were related to domestic violence.

“The new guidelines have definitely ensured better monitoring. The supervision is also accurate. We now ensure that any arrest under Sections 498A/406 is not made without any evidence. This measure has proved to be a deterrent in arresting innocent people. Mere naming anyone in the FIR is not sufficient to arrest anyone. We have also seen a fall in the number of frivolous complaints after that,” said a senior police officer.

Further Reference: 'Renuka: Govt to look into wrong use of law by women'

Also see the NDTV News : YouTube - Police Circular "Investigation before arrest"-IPC 498406

This is a very important and small step by Delhi police,( though LAW makers and WCD ministers are still Sleeping and promoting the Legal Terrorism in India) , which need to be replicated in other states also, especially UP, West Bengal, Bhair, Punjab, Haryana, Kearla, AP, etc. where police even tie the husbands family and humiliated in the society in the name of so called arrest and investigations.

Now the Question, how effective will be this Step to reduce the Misuse of 498A and Dowry LAW by greedy wives family?

As on date, as per Save Family Foundation from their online Study report:

Who misused 498A/DVAct most?

· Wife want to teach a lesson to Husband’s family: 32.5%

· Wife want easy Divorce/Child Custody and fast money: 29.5%

· Wife who can't adjust in Husband’s family.: 18.1%

· Wife having illegal relationship with other Man.: 10.8%

· Wife done marriage by hiding truth, like health, age, qualification .etc: 8.2%

Hence accordingly Save Family Foundation Members , if Delhi Police implement their Order, the misuse of 498A , about 30% of Misuse can be reduced., those are in the category of Wife want to teach a lesson to Husband’s family: 32.5%

But for further more than 70% of Misuse is continue to get other four aspects till the time the law itself does not amend and removed the gender biased . The word Men and Women required to be replaced by Person and Husband and wife to be replaced by the word Spouse.

The main problem, which our LAW maker need to recognise, in the law is the assumption that the wife’s verbal statement itself to be considered to be true and start treating Indian Husbands are Free ATM machine and there is no special Punishment available for misuse the special laws made in favors of Wives.

SFF members are committed and will continue their fight in the next level to stop the Legal Terrorism of India where in the help of so called women friendly LAWS misused to treat Indian men as Free ATM machine to extorted the money/property and such gender biased laws (498A/DV/CRPC125/Child custody) are responsible for creating a huge father less child society in India.

For Further Referece :

Delhi Police Commissioner: No 498A Arre

Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.

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� Wednesday, July 2, 2008 - Men wail on Renuka’s shoulders

Men wail on Renuka’s shoulders

New Delhi, June 20: Women and child development minister Renuka Chowdhary has called a first-of-its-kind-meeting with male activists demanding modifications to laws that they claim are flawed and biased against men.

Top ministry officials said they do not expect Chowdhary to yield to the demand from male groups for “gender-equal” laws, though some of their proposals may be considered. Instead, the minister could use the forum to try and explain to men “the need for laws favouring women”.

The groups argue that the laws against dowry and domestic violence against women as well as the proposed “sexual harassment at the workplace” legislation are discriminatory against men and open to misuse.

The meeting, scheduled for June 25, will be held at the India Islamic Cultural Centre in Delhi. Over a hundred male activists have been invited, ministry sources said.

In the past seven months, the ministry has thrice drawn u