The 498A Survival Kit

Published July 1, 2007 498a judgments 45 Comments

We shall also do our part to build a world of peace where the weak are safe and the strong are just.                    –John F Kennedy

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INDIAN PENAL CODE (IPC), SECTION 498A

Introduced in the Penal Code by Criminal Law

(Second Amendment) Act of 1983 (Act No. 46 of 1983)

498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY: 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. Section 498A of the Indian Penal Code, is a criminal offense. It is a cognizable, non-bailable, and non-compoundable offense.

The lines above define the law known as Section 498A Of the Indian Penal Code or IPC 498A or just 498A. This law was formulated in the ’80s to protect young women from being subjected to harassment or torture by their in-laws  and/or husbands – for the sake of extorting wealth from the families of these women.

It has now morphed into a country-wide, multi-million dollar extortion racket, benefiting lawyers, policemen, corrupt elements of the lower judiciary, feminazi NGOs, and the political establishment.

Across the country, 498A is a law that estranged wives use to settle scores with their hubbies and in-laws. It is a huge source of revenue  for the  corrupt Indian police. Each day across the country , the police lie in wait for a complaint to be filed under this law, regardless of how frivolous it is. With this complaint in hand, the police, mostly on Fridays or a day before a holiday,  walk into the homes of the accused and arrest all named in the complaint. The arrested are then taken to the police station  and threatened with “consequences” or sometimes subjected to custodial violence – to extort large sums of money under the guise of a “settlement”. If a “settlement” cannot be reached for any reason, then these families can look forward to being jailed and spend the next several years running around courts trying to get themselves cleared of these frivolous accusations, once released on bail. People have killed themselves, unable to bear the harassment.

By using these tactics, these uniformed criminals have arrested and jailed over 1,30,000 women under 498A since 2004, per statistics compiled by the NCRB. This number includes my mother and sister.

What happens to the accuser/abuser of this law?.

She gets away with a chunk of cash  and/or the satisfaction of putting her ex-hubby and in-laws through an ordeal lasting years.  Even if the accused are cleared of all charges, the courts are reluctant to punish these women for abusing the law. Around 60,000 498A cases are filed each year, each estimated to take over 4-7 years to be  resolved, unless an out of court settlement is reached, meaning the accused give-in, unable to bear the long drawn ordeal of fighting a criminal case in an Indian court.

The legal fraternity profits from the bail applications and the fees from long drawn cases.

Real victims do exist, but they will never be able to get justice as the courts are clogged with frivolous cases.

The US State Dept has warned US citizens about  the nature of the Indian criminal justice system at its India travel site. Additionally, the State Dept, in the annual report on trafficking in persons,  states that “complicity in trafficking by many Indian law enforcement officials and overburdened courts impede effective prosecutions” - accurately depicting the rampant corruption prevalent in the Indian law enforcement establishment.

Finally, this extortion racket ties in with vote bank politics. The Indian electorate has been divided into  segments, chiefly along the lines of caste, religion, economic status, language and every possible fault line imaginable. These segments have come to be known as vote banks, from which political parties draw their strength. Due to the size of the  numbers involved, tiny fractions of votes from these vote banks can make a difference in closely contested Indian elections. Since the horizontal carving up of the electorate is now complete, the political establishment has now settled upon a vertical segment, women.  No political party has the nerve to call for an amendment to this law as they risk being branded as “anti-women”. Hence the opposition to the amendment of this pernicious law by the political establishment.

I presented this overview to highlight the perfidy of the Indian establishment which has fostered this profitable extortion racket under the guise of “protecting women”.

My family’s courage checked the excesses of the police and I was able to become a proud citizen of another great country. I’m moving on to live my life as a decent citizen of my new country, my “Karma Bhoomi”.

What I have done here is my “Thank You” for all that was given to me by the soil I was born on. This site and the information posted here is to enable those of you entangled in this mess to take a stand and fight, and hopefully, end this Indian extortion racket some day.

Good luck !

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My goal is to enable you to have the knowledge and the information to defend yourselves and your families against the brutal attempt at extortion you will be subjected to by the police. My mother and sister experienced this first hand. The key to winning a 498A case is to eliminate the harassment and intimidation that the Indian police can subject you to. In order to do this, please start by downloading the documents below. All the documents are in pdf format. You will need adobe acrobat reader v5 or greater to read the documents.

Expect to spend days understanding this information. I know that it is a lot, but it will pay off:

  1. A Guide To Surviving IPC 498A -  This document will serve as a guide to defend yourselves against the excesses of the Indian police and will provide a complete picture of what you have gotten yourselves into. (Updated Apr/2008)

  2. Joginder Kumar Vs State Of UP – 1994 – Always have a copy of this great Supreme Court judgment with you. This judgment defines the powers of the police to arrest a citizen. You will be surprised to know how limited the powers of the police to arrest are. If you are unable to get anticipatory bail, this judgment may very well protect you from an illegal arrest by the police. The recent CrPC amendment to Section 41, IPC, is nothing more than the codification of this judgment.

  3. Srinivasulu Vs State Of AP-2007:  The Supreme Court of India has stated that: “Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC”. After the FIR is filed, read the FIR and question the cops on the basis for the applicability of 498A to your case, as set forth in this judgment. Most FIRs are a concoction of lies with no coherence or reason in them. Use this judgment to your advantage.

  4. The Final Report Of Film Actor Prashanth’s 498A Case (pdf is at the end of the post) – This article is the Final Report of film actor Prashanth. Read it to understand what a final report is.
  5. Justice Regupathy: Mechanical Judicial Remand Is ILLEGAL
  6. Justice Kailash Gambhir (Delhi HC) Guidelines On Prosecution Of 498A Cases
  7. Delhi Police Circular Forbidding Arrests In 498A Cases Without DCP’s Permission
  8. Hyderabad Police Circular Forbidding Arrests in 498A Cases Without DCP’s Permission
  9. Judgments of Justice Dhingra: Justice Shiv Narain Dhingra of the Delhi High Court has armed the accused in 498A cases with his judgments. Read these and you will be encouraged.
  10. SC Explains Conditions For The Quash Of An FIR – 2009
  11. 498A Counter Cases To Fight Back With – Compiled By Rudy
  12. The Important Sections Of The Dowry Prohibition Act

498A Survival Guide In Regional Languages :

The Indian police force plays a huge role in this extortion racket. Read the judgments and articles about the Indian police to inform, educate and empower yourselves.

For immediate help and advice, contact:

The Supreme Court of India is the ultimate arbiter of the law on account of the The Doctrine Of Binding Precedent. Article 142 of the Constitution declares that any order of the Supreme Court is enforceable throughout the territory of India and article 144 mandates that all civil (police) and judicial authorities shall act in aid of the Supreme Court.

Repository Of Information:

OR

OR

Compendium Of Judgments:

For Non Resident Indians (NRIs):

Documents on the Indian Police:

CBI Manuals:
The CBI is the premier investigative agency of our country and I have a lot of respect for the capabilities of these guys. I just wish they would be a little more diligent before filing red corner notices against NRIs accused in dowry cases. In a sense they are insulting their own intelligence.
These manuals are a great source for detailing the process of investigation of cognizable offenses and also the laws of arrest. These are in the public domain (Internet) and I stumbled across them by accident; a gift from the gods. I believe that these manuals can serve as a good reference to file RTIs against corrupt police officers. Read these documents and you will get a clear idea of what the police are actually supposed to do upon the registration of cognizable offenses.

RTI is a powerful tool to combat the abuse of 498A. The police are required to answer within 48Hrs when an RTI is filed about a person who is arrested. Read about the basics of filing an RTI here:

Misc documents/links/News:

Archive:

Finally, regardless of what the 498A wives do to you, if you are innocent, you will prevail.

Read the disclaimer on the lower right hand side of the page.

Please forward this link to 2 people. This is to raise awareness about this pernicious law.

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Sequence Of Events In A 498A FIR

Published July 9, 2009 454903 , 498A Flow Or Sequence , 498a Faq 1 Comment

The credit goes to Mr Gupta for compiling this valuable info.  As and when I have the time, I will incorporate this into the 498A Survival Kit.

Here are the steps:

This is ‘Police Warrant’ case i.e. instituted on police complaint (complaint given by ‘Informant’ i.e. wife in this case)

1] F.I.R.

2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.

3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.

4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.

5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.

6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).

7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.

8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.

9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).

10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).

11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).

12] Accused are examined by magistrate u/s313 Cr.P.C.

13] Then PP gives argument, then accused’s advocate gives argument.

14] Enjoy – Now order – Acquittal/Sentencing.

15] Detailed written order is given after few days.

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SC Explains Conditions For The Quash Of An FIR – 2009

Published July 9, 2009 498A Quash , FIR Quash , Sundar Babu Vs Tamil Nadu Leave a Comment

This is a 498A case, Sundar BabuVs State Of Tamil Nadu (CRIMINAL APPEAL NO. 773 OF 2003) – 2009.

Here are the conditions under which an FIR can be quashed:

1  Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

2  Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.

3  Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4  Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.

5  Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6   Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7  Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Here is the judgment: SC-FIR-498A-Quash – 2009

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Justice Dhingra Explains Defamation – 2009

Published June 28, 2009 Justice Dhingra Leave a Comment

Justice Dhingra explains defamation in this judgment. In other words, he explains the meaning of defamation and when to file or not file for defamation.

7.Under law of defamation, the test of defamatory nature of a statement is its tendency to incite an adverse opinion or feeling of other persons towards the Plaintiff. A statement is to be judged by the standard of the ordinary, right-thinking members of the society at the relevant time. The words must have resulted in the Plaintiff to be shunned or evaded or CS (OS) 569.06 Prof. Imtiaz Ahmad vs. Durdana Zamir regarded with the feeling of hatred, contempt, ridicule, fear, dislike or dis- esteem or to convey an imputation to him or disparaging him or his office, profession, calling, trade or business. The defamation is a wrong done by a person to another’s reputation. Since, it is considered that a man’s reputation, in a way, is his property and reputation may be considered to be more valuable than any other form of property. Reputation of a man primarily and basically is the opinion of friends, relatives, acquaintance or general public about a man. It is his esteem in the eyes of others. The reputation spread by communication of thought and information from one to another. Where a person alleges that his reputation has been damaged, it only means he has been lowered in the eyes of right thinking persons of the society or his friends/relatives. It is not enough for a person to sue for words, which merely injure his feeling or cause annoyance to him. Injury to feeling of a man cannot be made a basis for claiming of damages on the ground of defamation. Thus, the words must be such, which prejudice a man’s reputation and are so offensive so as to lower a man’s dignity in the eyes of others. Insult in itself is not a cause of action for damages on the ground of defamation.

In the event of the lodging of a false complaint, he explains what action to take:

Whenever a person makes a complaint against someone to the lawful authorities and in that complaint he makes imputations against the person complained of, it cannot be considered that the person has publicized or publicly made defamatory averments against a person. If a prosecution is initiated against the person on the basis of such averments and the person is acquitted holding that the complaint was false, then only a cause of action arises against the complainant for launching a case for false prosecution or for damages on other grounds. Until and unless a competent court holds that complaint was false, no cause of action arises.

Here is the judgment IA No.10367/2007:

J Dhingra-Explains-Defamation-2009

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Torture In India -2009: AHRC Report

Published June 25, 2009 Indian Police , Torture In India 1 Comment

“Nothing is more cowardly and unconscionable than a person in police custody being beaten up and nothing inflicts a deeper wound on our constitutional culture than a State official running berserk regardless of human rights. Article 21, with its profound concern for life and limb, will become dysfunctional unless the agencies of the law in police and prison establishments have sympathy for the humanist creed of that article instead of a rough treatment by police for getting information or confession.”

- Supreme Court of India (AIR 1981 SC 625)

Torture And Police Brutality Are Endemic In India – Indira Jaisingh

She is soo00000 right !

The Indian police can also be described as uniformed rapists, pedophiles, torturers, murderers and criminals as the excerpts from the report reveal:

  • Torture in police custody remains a widespread and systematic practice in India. There is a wide consensus that the highest risk of torture occurs in the first twenty four hours of detention. There are no safeguards to ensure that a person taken into custody will have their detention recorded, have prompt access to a lawyer or impartial medical examination upon their arrival at the place of detention or at the time of his release. The lack of effective system of independent monitoring of all places of detention facilitates torture.
  • Suicide does of course occur. However, examination of number cases by ACHR suggests that the causes of deaths are often a cause for concern. There are frequent allegations by the families of the victims of torture; torture that either impacted the victims actions or resulted in a death that was subsequently covered up. The explanations of the police are also often inadequate. The police regularly claim that people have committed suicide by using handkerchiefs46 or by consuming poison while in police custody.
  • Case 5: On 27 April 2008, Nagaraju, a resident of Pulakunta village under Hindupur Rural Mandal (circle) in Anantapur district of Andhra Pradesh, was allegedly tortured to death by the police at the Hindupur rural police station. He was arrested on the same day on charges of killing his wife Shantamma for dowry. The police claimed that he committed suicide in the bathroom of the police station. However, a fact-finding report by the Organisation for Protection of Democratic Rights, an NGO, revealed that the police personnel had beaten up Nagaraju publicly in the village. He suffered genital injuries. The NGO suggest his death was as a result of torture.
  • A large number of reported cases of torture and custodial death result from attempts to extract a confession relating to theft or other petty offences. Thisimplies that suspects belonging to the lower economic and social strata are particularly vulnerable.
  • On the night of 16 March 2008, two minor girls (names withheld), were allegedly stripped and sexually abused by Sub-Inspector L. Ali inside the lock-up of the  Bharalumukh police station in Kamrup district of Asom (Assam). The victims had gone to the police station to lodge a complaint after they were raped by three youths.

Here is the article from TOI an excerpt:

“NEW DELHI: As many as 1,184 people were killed in police custody in India in the last eight years with Maharashtra topping the chart with 192 deaths, a report said on Thursday.  The report — Torture in India 2009 — by the Asian Centre for Human Rights (ACHR) released in New Delhi on Thursday stated that most of the victims were killed as a result of torture within the first 48 hours after being taken into custody.  The report is based on the data collected from April 1, 2001, to March 31, 2009, through a right to information (RTI) plea, filed with the National Human Rights Commission (NHRC).”

The NHRC is a toothless body, unwilling or unable to bring uniformed criminals to justice.

Here is the report from the AHRC site: Torture In India – 2009 (pdf)

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Trafficking In Persons 2009-India On Tier 2 Watch List

Published June 21, 2009 Trafficking In Persons , Traficking In Persons Leave a Comment

India, a country which has incredibly jailed over 1,30,000 women since 2004, under much abused laws of crimes against women, finds itself on the Tier-2 watch list of countries in the annual report on Trafficking in Persons-2009,  compiled by the US State Dept.

A country is placed on the Tier-2 watch list if the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing. Tier-1 countries are those that are doing well in combating this evil.

The Feminazis of India bear a chunk of responsibility for this state of affairs; they focused the resources and the attention of the country and the media on non-existent issues such as abandoned Indian brides, through a relentless  and ultimately useless campaign based on imaginary numbers and a less than noble agenda.

I had highlighted the inaction of the agencies (NCW, WCD) headed by Indian Feminazis, such as Girija Vyas, in combating real crimes against women and children in an earlier post titled:

“Sex Tourism In Goa: What Are The NCW And WCD Doing ?”

Here is an interesting report from 2003 by UNIFEM-NHRC:

Traficking in Women And Children In India 2002-2004

Here is another report from the UN on the India specific part:

UN-TIP-India-2009

Here is an interesting statistic. The number people arrested under this heinous crime is a lot less than the number of women arrested under 498A and this number is FALLING. Good work Girija Vyas:

UN-TIP-India-2009_Page_1_Image_0001

The graph below indicates the downward trend since the year these Feminazis were appointed to head key agencies such as the WCD and the NCW:

Moving on to the State Dept report, here is an excerpt:

“Despite these significant efforts, India has not demonstrated sufficient progress in its law enforcement efforts to address human trafficking, particularly bonded labor; therefore India is placed on Tier 2 Watch List. India’s central government faces several challenges in demonstrating a more robust anti-trafficking effort: states under the Indian Constitution have the primary responsibility for law enforcement, and state-level authorities are limited in their abilities to effectively confront interstate and transnational trafficking crimes; complicity in trafficking by many Indian law enforcement officials and overburdened courts impede effective prosecutions; widespread poverty continues to provide a huge source of vulnerable people; and the Indian government faces other equally pressing priorities such as basic healthcare, education, and counter terrorism.”

Here is the India specific part I extracted from the State Dept Report:

Traficking In Persons-India-Specific-2009

Here are the State Dept Reports:

http://www.state.gov/g/tip/rls/tiprpt/

Here is the explanation of the tiers:

Tier Placement

The Department places each country in the 2009 TIP Report onto one of the three tier lists as mandated by the TVPA. This placement is based more on the extent of government action to combat trafficking than on the size of the problem, although that is also an important factor. The Department first evaluates whether the government fully complies with the TVPA’s minimum standards for the elimination of trafficking (detailed on page 314). Governments that fully comply are placed on Tier 1. For other governments, the Department considers the extent of efforts to reach compliance.

Governments that are making significant efforts to meet the minimum standards are placed on Tier 2. Governments that do not fully comply with the minimum standards and are not making significant efforts to do so are placed on Tier 3. Finally, the Department considers the Special Watch List criteria and, when applicable, moves Tier 2 countries to Tier 2 Watch List.

The TVPA lists three factors by which to determine whether a country should be on Tier 2 (or Tier 2 Watch List) versus Tier 3: (1) the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking; (2) the extent to which the country’s government does not comply with the TVPA’s minimum standards including, in particular, the extent to which officials or government employees have been complicit in severe forms of trafficking; and (3) the government’s resources and capabilities to address and eliminate severe forms of trafficking in persons.

Tier 2 Watch List

The TVPA requires that certain countries be placed on a Special Watch List. This includes countries in which:

a. The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;

b. There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions, and convictions of trafficking crimes; increased assistance to victims; and decreasing evidence of complicity in severe forms of trafficking by government officials; or

c. The determination that a country is making significant efforts to bring itself into compliance with the minimum standards was based on commitments by the country to take additional steps over the next year.

Countries that meet one of these three criteria are placed onto what the Department of State has termed the “Tier 2 Watch List.” There were 40 countries on Tier 2 Watch List in the June 2008 report. Two additional countries were reassessed as Tier 2 Watch List countries in November 2008. The Department of State included these 42 countries in an “Interim Assessment” released on January 27, 2009.

Of these 42 countries on Tier 2 Watch List at the time of the Interim Assessment, 11 moved up to Tier 2 in this report, while four fell to Tier 3 and 27 remain on Tier 2 Watch List. Countries on Tier 2 Watch List in this report will be re-examined in the next Interim Assessment, which will be submitted to the U.S. Congress by February 1, 2010.

Amendments made by the TVPRA of 2008 provide that any country that has been ranked Tier 2 Watch List for two consecutive years (beginning with the 2009 Report) will be ranked Tier 3, unless the President waives application of this provision based on a determination that, among other things, the government has a written plan for meeting the TVPA’s minimum standards.

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Justice Regupathy, Chennai HC: Mechanical Judicial Remand Is ILLEGAL

Published June 15, 2009 498A abuse Leave a Comment

It is an established fact that the Indian Judiciary, higher or lower is being afflicted by the cancer of corruption. The recent exposes regarding the PF scam and the Punjab HC wiretap scandals  have revealed the extent of the rot.

At the lower levels, there are worse things that go on.  One of these is the mechanical remand of innocents caught up in 498A cases by corrupt and/or illiterate lower court magistrates.

My mother and sister were remanded by such a corrupt magistrate as he was in cahoots with the police.  They were bribed by my ex-father-in-law in the belief that I would pay up to get my family out.

This practice of remanding innocents is illegal. This was declared as such by the enlightened Justice Regupathy of the Chennai HC. This is what he has to say:

(M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah)

  • When the investigating officers seek for remand of the accused, the Magistrates must examine the necessity for the same and only where there are valid grounds for believing that the accusation or information is well- founded and it appears that the investigation cannot be completed within a period of 24 hours, remand may be ordered. Violation of human rights and infringement of personal liberties must be viewed seriously. Except in cases of grave nature viz., dowry death, murder, suicide, hurt, etc., in other matters like matrimonial disputes between spouses where it may not take much time for the police officer to interrogate/investigate, remand should not be ordered mechanically, for, remand of an accused by a Magistrate is not automatic one on the mere request of the investigating officer and sufficient grounds must exist for the Magistrate to exercise the power of remand.
  • Of course, it is provided in the Code that remand should not exceed 15 days at a time, but, it does not mean that in all cases, remand for 15 days should be ordered invariably.
  • Though the law is manifestly clear, plain and patent, in many cases, it is witnessed that, on the mere request of the investigating officers, remand is ordered mechanically without application of mind and such illegal practice must be avoided.
  • The preliminary job of an Investigating Officer including that of the Officers posted at the All Women Police Stations is only to collect the materials in respect of the dispute they are investigating and place the same before the court/Magistrate. For adjudicating any issue, the dispute must be forwarded only to the learned Magistrate or the Family court. In this type of fragile matters, in the name of ‘petition enquiry’ or investigation after registration of F.I.R., the police should not be allowed to conduct lengthy panchayats in police stations.

When applying for bail, or when being presented before a magistrate, please have a copy of Justics Regupathy’s orders with you. They are applicable all over India by the doctrine of binding precedence and because the Code Of Criminal Procedure (CrPC) is applicable all over India.

Besides, the right to life and liberty is a guaranteed, cherished,  FUNDAMENTAL RIGHT !!!!

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US State Dept Describes The Indian Criminal Justice System

Published June 13, 2009 498A abuse Leave a Comment

Click on the text in red to go to the State Dept website on India Travel Info

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CRIMINAL PENALTIES:

While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law.  Penalties for breaking the law can be more severe than in the United States for similar offenses.  Persons violating Indian laws, even unknowingly, may be expelled, arrested or imprisoned.  For example, certain comments or gestures towards women, Indian national symbols, or religion that are legal in the United States may be considered a criminal violation in India, subjecting the accused to possible fines or imprisonment. 

* Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges.  This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.  At the very least, such circumstances can delay the U.S. citizen’s timely departure from India, and may result in an unintended long-term stay in the country.  Corruption in India, especially at local levels, is a concern, as evidenced by Transparency International’s Corruption Perception Index of 3.5, ranking India in 72nd place of the world’s countries.

Penalties for possession, use, or trafficking in illegal drugs in India are severe, and convicted offenders can expect long jail sentences and heavy fines.  Engaging in sexual conduct with children or using or disseminating child pornography in India is a crime, and is prosecutable in the United States.  Please see our information on Criminal Penalties.

*NOTE:

The State Dept is being factually incorrect when it states that:

“Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature)”

In fact, arrests in India are governed by the Supreme Court Judgment of Joginder Kumar Vs State Of UP. This judgment clearly states:

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.

Corrupt and/or illiterate magistrates in the lower courts often remand people applying for bail to judicial or police custody for days on end. This practice is illegal too as Justice Regupathy of the Chennai HC states in the order below:

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MOIA Minister Vayalar Ravi’s Profile

Published June 13, 2009 Vayalar Ravi Leave a Comment

Got this from TOI.  Here is his profile:

AGE: 72
ASSETS: Rs 0.5cr    (only a $100,000 ?.  Hmmmmmm…..)
EDUCATION: MA, LLB (Ernakulam)

An old Congress hand from Kerala, Ravi was an able Union minister for overseas Indian affairs and minister for parliamentary affairs in the outgoing Cabinet. His hometown of Vayalar has been the vortex of many peasant struggles, and Ravi was founder-president of the Kerala Students Union. A contemporary of A K Antony, the two fought shoulderto-shoulder to build the state’s Youth Congress. In 1971, he was first elected to the Lok Sabha in 1971 from Chirayinkil , which after the new electoral boundaries, falls in the Attingal constituency. He was re-elected in 1977 and in 1982 became state home minister, but stepped down four years later over differences with chief minister K Karunakaran. Ravi has also exchanged words, strong words, with the worthies at the Guruvayur temple about purification rituals. His wife Maria Francis, popularly known as Mercy Ravi, is a columnist and former MLA from Kottayam. As minister for overseas Indian affairs he has presided over Pravasi Bharatiya Diwas and is said to be keen on retaining the ministry that allowed him frequent Gulf trips. He has been criticised for reducing the ministry to non-resident Kerealite affairs and accused of sluggishness in amending the emigration act and giving voting rights to NRIs. He has to his credit labour agreements and social security agreements that will benefit overseas workers.

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Coomi Kapoor: Confessions Of A ‘Gender Traitor’

Published June 13, 2009 Coomi Kapoor Leave a Comment

Read her insightful article from the Indian Express on the Women’s reservation bill:

http://www.indianexpress.com/news/confessions-of-a-gender-traitor/474848/0

Excerpts:

  • Feminists and women’s group have made such a hue and cry about this “historic step in the march for gender equality” that to be against the bill is like opposing motherhood or cricket. If you want to be politically correct you have to toe this line.
  • In a recent article in ‘Outlook’ magazine Anjali Puri has checked out the background of the 58 women elected to the new Lok Sabha and come up with some telling statistics. She discovered that 37 of the 58 women MPs – that is over two thirds – are relatives of male politicians.
  • Of the 29 new entrants at least 17 are proxy candidates for powerful male figures. Self made women are a rarity. The paternalistic approach of relying on the good sense of the men for women to get their due is flawed.
  • One has only to recall the manner in which Pratibha Patil was chosen for the President’s post to appreciate this point. Patil’s appointment was heralded as one more victory for womanhood, when she was actually selected simply because the Left and the Congress could not agree on other more suitable male candidates, such as Pranab Mukherjee, and were in a hurry to finalise the name.

What a shame !!

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Actor Prashant’s Story Covered By Deccan Chronicle

Published June 7, 2009 Actor Prashanth Leave a Comment

Here is the link to the article:

http://www.deccanchronicle.com/supplementarty/cheated-love-381

You can read his final report here:  Prashant 498a Final Report (pdf)

Wedding Pic

The article in full in case it disappears with apologies to DC:

Cheated in love

By Prashanth
Jun 07 2009

Most young men would want to someday fall in love, get married and settle down. Unfortunately, in my case, things did not quite go as per plan. Less than four months into my marriage, my wife, Grahalakshmi walked out and headed to her parents’ home. Before leaving though, she made her intentions clear — she wanted a divorce and an alimony, amounting to anything between Rs 5 crore and Rs 50 crore.

I was baffled by her behaviour at first, unable to comprehend the logic behind her actions. I tried reasoning with her, attempting to figure out a way to reconcile. But, I soon realised there was no room for compromise in her stance. She told me she’d make me run from pillar to post once she filed a case of dowry harassment under Section 498(A) against me.

Section 498(A) is akin to POTA (Prevention of Terrorist Activities Act); it is a non-bailable offence. A woman can walk into a police station, give a statement against her husband and get him or his entire family arrested on charges of harassment for dowry.

What is ironic and distressing is that a law meant to protect the rights of women is being exploited for wrong reasons. As a result, even the veracity of a genuine complainant could come under the scanner in future.

I put my film career on hold during these four tumultuous years. I didn’t want my producers and friends to suffer at my cost. But then, the onslaught was only beginning. Months after my wife filed the case, an anonymous benefactor told me that Grahalakshmi was already married to someone much before she tied the knot with me. One night as I frantically ran a search through the government’s online registry, my worst fears were confirmed. The revelation turned the case in my favour.

Throughout the duration of our trial, Grahalakshmi re-invented facts and fabricated new lies. Later she proceeded to file an affidavit stating I had forged the documents pertaining to her earlier marriage. Rather than shocked, I was saddened; why would someone throw everything good about one’s life right out of the window? I had struggled hard to make a name for myself in the film industry and I had a decent reputation. I could have given her and our child a good life, but it wasn’t meant to be.

Although this was a trial by fire, I was blessed to have the support of several do-gooders. Everyone from my parents, to my sister, my friends in the film fraternity in Chennai, even petitioners who had come to court to find solutions to their own problems lent me their moral support.

The court annulled my marriage to Grahalakshmi on grounds of misrepresented facts. But the custody of my son has been granted to her until he’s an adult. I am still hopeful about a good future for him. Looking back, I realised that everything that I had undergone was a part of Thiruvilayadal (divine games). I was chosen by God to serve as a cautionary tale for future generations when it comes to issues of matrimony. I am grateful to God for being blessed with a great family, loyal friends and a good life.

Though having faced such hurdles in life, my faith in love and marriage has not been shaken. I still believe in the power of love and the institution of marriage. Nevertheless, I would like to warn youngsters treating marriage with complacency. It’s not a relationship of convenience and they shouldn’t even consider divorce as an option. For now, I’m just focussing on my career in films and looking ahead at life with a renewed sense of hope and ambition.

As told to Bijoy Bharathan

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SC: Hubby Can’t Be Usual Suspect In Dowry Death

Published June 6, 2009 454903 Leave a Comment

From DNA India:

http://www.dnaindia.com/report.asp?newsid=1262380

New Delhi: The needle of suspicion does not necessarily point to husband and in-laws if a woman dies within a year or so of marriage, the Supreme Court (SC) has ruled. It cannot be treated as cruelty for dowry and the in-laws cannot be convicted of causing dowry death, the court said.

The judgment came on an appeal by Suresh Kumar Singh who was sentenced to seven years by an UP court under IPC section 304-B (dowry death) for causing the death of wife Asha Devi on December 8, 1993. The Allahabad high court confirmed the sentence.
Asha’s family alleged that Singh and his parents had harassed her demanding gold ornaments a year ago and as such, they were to blame for her death.

SC, however, said as the alleged demand for dowry was made over a year prior to Asha’s death, it could not be considered cruelty leading to death.

“Harassment a year prior to the death without something more, in our opinion, could not have been considered cruelty inflicted soon before the death of the wife. It does not satisfy the proximity test,” justices SB Sinha and Mukandakam Sharma held, negating the prosecution’s assertion that in case of death of a married woman within seven years of marriage, husband and in-laws were liable to face the dowry death charge.

To invite conviction under section 304-B, it is necessary that “soon before her death”, the woman must have been subjected to cruelty by husband or his relatives in connection with dowry, SC said.

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Bride And Kin In Dock For Giving Dowry, Filing 498A

Published June 6, 2009 454903 Leave a Comment

This is an article from the Times Of India. Pasting an excerpt.

“But Sunil also went to court, seeking registration of an FIR against the girl and her family for fulfilling his dowry demands.
Citing the dowry prohibition Act which has a provision for punishment for giving dowry, Sunil moved court in August 2008, seeking action against his wife and in-laws under Section 156(3) CrPC as the police was refusing to register the FIR against the girl’s family for giving dowry. “

The article is here

You can also read about how Advocate Pradeep Nawani did the same here:

Advocate Pradeep Nawani Nails The Wife, The In Laws And Corrupt Cops

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Now, bride and kin in dock for dowry

7 Jun 2009, 0130 hrs IST, Smriti Singh, TNN

NEW DELHI: In the first such order in the capital, a trial court has asked the police to register an FIR against six members of a family, including the bride, for giving dowry to the groom’s family.

There was trouble between Sunil and Latika (both names changed) just a year after they got married on January 31, 2004. Latika left for her maternal home on August 4, 2005 and filed a dowry harassment case against Sunil and his family with ACP, anti-dowry cell. She alleged that her family spent more than Rs 10 lakh on the marriage, and gave Rs 2 lakh in cash for a car and another Rs 1.15 lakh as dowry. A case was registered against Sunil and his family under Section 498(A), 406 and 34 of the IPC.

But Sunil also went to court, seeking registration of an FIR against the girl and her family for fulfilling his dowry demands.

Citing the dowry prohibition Act which has a provision for punishment for giving dowry, Sunil moved court in August 2008, seeking action against his wife and in-laws under Section 156(3) CrPC as the police was refusing to register the FIR against the girl’s family for giving dowry.

In the petition filed through his counsel Pradeep Nawani, he asked that an FIR be registered against the girl and her family under Section 3 of Dowry Prohibition Act, which is punishable upto five years in jail with fine not less than Rs 15,000 or the amount of the value of such dowry, whichever is more.

Counsel Nawani also relied on a high court judgment which stated that the police should simultaneously register an FIR against the girl and her family for giving dowry.

Metropolitan Magistrate Neeraj Gaur observed that giving dowry was a cognisable offence and directed the station house officer (SHO) of Model Town police station to register an FIR.

The court also asked the SHO to set an investigation into motion against Latika and five other members of her family.

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Dowry Harassment (498A) Accused Raped In Lock Up

Published June 4, 2009 454903 Leave a Comment

Here is the link to the story.

http://www.hindustantimes.com/StoryPage/Print.aspx?Id=c19091a0-e8db-4825-9f81-6f66a07ccf6c#

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Indira Jaising’s Guide To Legal Terrorism

Published June 1, 2009 Indira Jaising , Lawyers collective , PWDVA Leave a Comment

The mother of the “clumsily drafted” domestic violence act, PWDVA 2005, along with her cohorts of the Lawyer’s Collective, provides a guide to legal terrorism in the form of a frequently asked questions (FAQ) to the DV Act.

Did you know that Indira Jaising Was Paid US $1,40,000 For “Staying Alive”?

This FAQ is in two sets. Here it is:

First set:

http://www.unifem.org.in/PDF/First%20set%20of%20FAQ-on%20DV.pdf

Second Set:

http://www.unifem.org.in/PDF/Second%20set%20of%20FAQ-on%20DV.pdf

Check out the link below for the judgments needed to fight this legal terrorism:

Excerpts From Judgments To Fight Domestic Violence Act Cases

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Election Commission Of India: Candidate Wealth Declarations

Published June 1, 2009 Election Commission Of India , Girija Vyas , Indian MP Assets Leave a Comment

The Assets of Girija Vyas from 2009 are not online. These can be obtained by an RTI. The older ones are here:

The declared assets of Girija Vyas – 2004

The question is, how did Girija Vyas get to declare Rs.85 Lakhs in 2009?

Here are the assets of Grihavinashini Renuka Chaudhry:

Renuka Chowdary 2009 Assets

Here are the assets of the rest of the contestants:

http://eci.nic.in/CurrentElections/ge2009/Affidavits_fs.htm

____________________________________

An NRI Father Prevents The Removal Of His US Citizen Son To India

Published May 17, 2009 NRI Child abduction 2 Comments

The court granted the custody of the child to the father in the absence of the mother as it knew that US citizen children of estranged NRI couples are often taken away from the parent residing in the US to India illegally. Most of the time, this is done by filing 498A cases against the father in India.

Here is the order from the judge:

IOWA court order

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AIFW On The Defeat Of The Grihavinashini

Published May 16, 2009 Grihavinashini , Gruhavinashini , Renuka Chaudhary , Renuka Chaudhry Leave a Comment

images073_2009_02_14_16_59_19

Grihavinashini Renuka Chaudhry clowning around, prior to her trouncing in the 2009 election.

While she was clowning around and disgracefully partying as a Union Minister for Women and Child Development, children died of starvation in the state of Madhya Pradesh and a young mother from her constituency sold her son for US$150~ to a childless couple to pay for the hospital bill.  Even the NyTimes had something to say about the starvation deaths of Indian children.

Given below is a picture of a starving Indian child. The contrast to the well fed union minister and this child is glaring, isn’t it?

india-starving-baby

I can go on, but I guess you get the drift. Here are the links:

All India Forgotten Women issued a press release on the trouncing received by The Grihavinashini, aka, Renuka Chaudhry, at the 2009 hustings.

Check the  website of AIFW to know more about them:

All India Forgotten Women

Also, check out the blog of the tireless crusader, Uma Challa:

http://uchalla.wordpress.com/

Here is the press release:

______________________________________
All India Forgotten Women (Regd.)

Press Release

Sub: Celebrating the defeat of family-breaker, Renuka Chaudhary.

All India Forgotten Women (Regd.) celebrates the defeat of family-breaker, ex-Minister of Women and Child Development, Smt. Renuka Chaudhary in the 2009 Lok Sabha Elections.

Smt. Renuka Chaudhary’s term as Minister of Women and Child Development witnessed the arrest and ruthless incarceration of thousands of innocent men, along with women, senior citizens and children. In the last four years alone 1,23,439 women have been unfairly arrested under IPC section 498A, without evidence or investigation. Smt. Renuka Chaudhary blatantly denied misuse of IPC Section 498A and turned down all requests, recommendations and demands from various quarters to review the law. It was not until the Minister for Human Resources Development, Arjun Singh, was accused of dowry harassment that Smt. Renuka Chaudhary finally acknowledged the misuse of anti-dowry laws in public. Nevertheless, law-abiding citizens continue to be summarily arrested on false charges of dowry harassment every day.

Smt. Renuka Chaudhary got the infamous Domestic Violence Act passed during her tenure without any debate or discussion on its relevance or pros and cons to the Indian society prior to its enactment. She promoted the DV Act as one of the most progressive legislations passed to empower women in India and to protect them from domestic abuse. In reality, the DV Act is a socially harmful legislation that facilitates violence against men, violates basic human rights of men, women and children and promotes family destruction.

When questioned on National TV about misuse of women-protection laws, Smt. Renuka Chaudhary blatantly said, “it is men’s turn to suffer”. When Karan Thapar asked her in an interview if she thought that men should first suffer before she considers amendments to check misuse of the law she replied, “”It is not such a bad idea, except that I have such pity for men.” In another instance, she publicly urged women to trust condoms and not their husbands. These are just a few instances which betray Smt. Renuka Chaudhary’s hatred of men.

It is not as if Smt. Renuka Chaudhary’s Ministry has done much good for children either. Child abuse, child labor and malnutrition among children are as rampant as ever. Disregarding recommendations of HRD and Finance Ministries, Smt. Renuka Chaudhary pushed for distributing pre-packaged food instead of freshly cooked hot meals to malnourished children under the Integrated Child Development Scheme. When she was requested to take immediate action on the issue of sexual and physical abuse of several little girls at an orphanage in Ghaziabad, she replied, “We can’t react like Hindi movies and just rush. Inquiries are going on.” Passing the buck on the issue of victims of child labour and physical abuse she said, “The law is there but I can’t do anything in that case. Please ask the labour minister.”

It is a shame that a gender extremist like Smt. Renuka Chaudhary who has no empathy for the plight of children was appointed as the Minister of Women and Child Development.

All India Forgotten Women (Regd.) considers the defeat of Smt. Renuka Chaudhary as the beginning of the end of anti-male, anti-family gender extremism in India. AIFW demands that the incoming Government make the following changes:

Ministry of Women’s Welfare should be separated from Ministry of Child Welfare.
Responsible, balanced and pro-family women should be appointed to head Ministry of Women’s Development and National Commission for Women.

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The KPS Gill Doctrine

Published May 14, 2009 AK Mohanty , KPS Gill , KPS Gill Doctrine Leave a Comment

Here is an insightful article about the Kanwar Pal Singh Gill doctrine for combating terrorism.

kpsg

Though I don’t have a lot of good things to say about the Indian police force, I would be the first to acknowledge the greatness of the greats within it, such as the illustrious KPS Gill, Commissioner Dadwal of the Delhi Police force, and the upright DGP of AP, AK Mohanty.

Here is the gist of the KPS GIll doctrine. The Pakistani Govt/Army may want to pay some attention to it:

“The Gill Doctrine offers a blueprint for future counter-terrorist efforts, as more and more political violence starts to coalesce around issues of identity rather than ideology. The Doctrine holds that, while terrorism in any region cannot be defeated by a force from without, neither can it be appeased through conciliation. The only viable solution in the long-run is to steadfastly improve the quality and extent of local policing, and leave the fight against terrorism to individuals recruited from the communities that the terrorists themselves claim to ‘represent’. “

Here is the article explaining the KPS Gill doctrine in detail:

The KPS Gill Doctrine

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Chennai Family Courts: Strictly Follow Section 13 Of Family Courts Act

Published May 14, 2009 Family Courts Act 3 Comments

The Principal Judge of Chennai-Family Court has sent out this circular to strictly follow sec 13 of the Family Courts Act. This means lawyers are kept at abeyance and cannot walk in and represent clients. This is the result of the Memorandum submitted to Chief Justice, Madras on 19.11.2008 by SIF activists

Here is the pdf of the memorandum:

Chief Justice-Memorandum-19thNov2008

Here is the jpg of the order issued by the judge:

___________________________________________________Section13

Swarup Sarkar On Lok Sabha TV

Published May 9, 2009 Lok Sabha TV , Ranjana Kumari , Swarup Sarkar Leave a Comment
This is a discussion aired in Loksabha TV in their program “Gender Discourse”.
Watch  Swarup Sarkar in action.
Ranjana ” The Parrot” Kumari peddles her usual BS in part 3. Off late she has been calling into shows, scared of the brickbats, sure to follow from bloggers, who have already dented her credibility.
I found the last part to be the most interesting where a lady from UP calls in and laments about the situation she is in on account of this stupidity and Swarup makes a point with the hypothetical situation where the host of the show is the accused in a 498A.
  1. Part 1
  2. Part 2
  3. Part 3
  4. Part 4
  5. Part 5
  6. Part 6
“Injustice some where is a Direct Threat to Justice Every Where.”
Laws intended for protection of women are being rampantly misused and innocent family members are being jailed without investigation and are entangled in vexatious, lingering and wasteful litigation and harassment by police.

Participants:
Swarup Sarkar & Abhimanyu – Save Family Foundation, New Delhi
Meenakshi Lekhi- Advocate, Supreme Court
Rajana Kumari(on phone) – Director, CSR, New Delhi

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort a huge amount of money by holding them hostage. They were held in custody for over a week. The police, in cahoots with the magistrate and the PP, could do this due to the ridiculous allegations made by his embittered ex-wife. She filed the 498A years after the last time he and his family had last seen her. This blog was started to combat the abuses perpetrated in the name of laws meant to protect women, such as S.498A of IPC. It is the corrupt officers of the Indian police force who are the main beneficiaries of this extortion racket. In a sense, this blog is a component in the larger battle against corruption in India. This is about raising the awareness of Indian citizens about their rights so that the police can be shown their place and the law can take the course it is supposed to take. The content of this blog is not legal advice, nor is the intent to slander or defame anyone or any institution, but constitute a set of opinions and observations, based on what has been read or heard in the media or on the Internet and other sources of information. What ever action or umbrage you may take or not take, is your choice and at your risk. The writer disclaims all liabilities, legal or otherwise, that may arise for any reason whatsoever.

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