The 498A Survival Kit

Published July 1, 2007 498a judgments 66 Comments

We shall 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 lay down 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 morphed into a country-wide, multi-million dollar extortion racket, benefiting lawyers, policemen, corrupt elements of the lower judiciary, feminazis and their NGOs, and the political establishment.  For estranged wives  and their families, 498A is the perfect tool to extort fat settlements or settle scores with their hubbies and in-laws.

For the  corrupt Indian police force, 498A is a huge source of revenue. Allegations under this law are never investigated. Once a complaint is registered, the police, mostly on Fridays or a day before a holiday, walk into the homes of the accused and arrest everyone named in the complaint. The arrested are then taken to the police station  and threatened with “consequences” or sometimes subjected to custodial violence. In this manner, large sums of money are extorted under the guise of a “settlement”. If a “settlement” cannot be reached, these families can look forward to a stint  in  jail, followed by years spent in running around courts, trying to prove their innocence. Getting bail, to get out of jail, is another ordeal.  Corrupt magistrates often deny bail to “soften” up the tougher ones. People have killed themselves, unable to bear the harassment.

In this manner, uniformed criminals and dirty magistrates have illegally jailed over 1,30,000 women under 498A since 2004, per statistics compiled by the NCRB. This number includes my innocent mom and sister, who were held for 11 days, in an ultimately unsuccessful attempt to extort a $100,000 from me. Everyone, including the magistrate, was bribed to the gills by my politically connected ex-father in law. In those 11 days, I understood the definition of hell.

The Indian criminal justice system is so corrupt that the US State Dept has issued a warning about  it at its India travel site. Additionally, the State Dept, in its annual report on trafficking in persons, stated that “complicity in trafficking by many Indian law enforcement officials and overburdened courts impede effective prosecutions”. This should give you, the reader, a good idea about the state of the Indian criminal justice system.

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. Sometimes 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.

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  angering this segment and 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”.

This blog is a component in the fight against corruption in India. It is about raising awareness of the right to due process. It has nothing to do with women’s rights and everything to do with ending the rampant violation of fundamental (civil) rights.

The courage of my mother and sister ended the police harassment and enabled me to become a citizen of another great country. I’m moving on to live my life as a proud citizen of my new country, my “Karma Bhoomi”, my home. What I have done here is my “Thank You” for all that was given to me by the soil I was born on. The information posted here is to enable those of you entangled in this mess to  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. 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. The 498A Survival Guide -  This e-book will guide you 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 – Keep a copy of this seminal Supreme Court judgment which resulted from a writ of Habeas Corpus. It defines the powers of the police to arrest. 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. Understand The Right To Due Process: “Due Process” is the principle that the government must respect all of the legal rights that are owed to a citizen in accordance with the law. Due process holds the government subservient to the law of the land.  The term government means any branch of the government, such as the executive (police),  the judicial (judges and magistrates), and the legislative (MLAs and MPs) branches.  Due process protects a citizen from the brutal power any branch of the state can exercise — illegally.

  4. 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.

  5. SC Explains Anticipatory Bail – 2009 – This judgment explains the rules governing the granting of anticipatory bail. Everything you need to know is present in this judgment.

  6. 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.

  7. Justice Regupathy: Mechanical Judicial Remand Is ILLEGAL

  8. Justice Kailash Gambhir (Delhi HC) Guidelines On Prosecution Of 498A Cases

  9. Delhi Police Circular Forbidding Arrests In 498A Cases Without DCP’s Permission

  10. Hyderabad Police Circular Forbidding Arrests in 498A Cases Without DCP’s Permission

  11. Judgments of Justice Dhingra: Justice Shiv Narain Dhingra of the Delhi High Court has empowered victims of 498A cases with his judgments. Read these  to inform and motivate  yourselves to fight this racket.

  12. SC Explains Conditions For The Quash Of An FIR – 2009

  13. 498A Counter Cases To Fight Back With – Compiled By Rudy

  14. 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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Due Process And The Bill Of Rights In The Indian Context

Published November 27, 2009 Habeas Corpus , Human Rights , Hyderabad Police , Indian Law 1 Comment

I renounced my Indian citizenship after I became the proud citizen of a country that attempts to guarantee and protect the rights of its citizens in accordance with its Constitution. I said “attempts ” — its criminal justice system is not perfect, but it is arguably  amongst the best on this planet.

In my quest to serve my country and my new home, I read its short and eventful history, its Constitution,  and the amendments made to its Constitution.  As a result, I learned about two words — “Due Process“.

“Due Process” is the principle that the government must respect all of the legal rights that are owed to a citizen in accordance with the law. Due process holds the government subservient to the law of the land.  The term government means any branch of the government, such as the executive (police),  the judicial (judges and magistrates), and the legislative (MLAs and MPs) branches.  Due process protects a citizen from the brutal power any branch of the state can exercise — illegally. 

In the United States, the phrase, “due process of law“, has been construed to forbid the violation of the rights granted by the Bill of Rights.

So what are the Bill Of Rights?

The Bill of Rights is the name by which the first ten amendments to the United States Constitution are collectively known. The founding fathers such as Washington, Jefferson, etc,  just like Indian freedom fighters such as Gandhi, Nehru, etc, experienced the heavy hand of tyranny, usually arrest without cause, that resulted from the unrestrained use of power by a monarch — the state — and the lack of protections to the rights of citizens. As a result, after the US Constitution was ratified, meaning, after it was accepted as the law of the land, ten amendments were made to it that guaranteed individual protections  — The Bill Of Rights.

In the context of conferring protections on individuals from the excesses of the state, the following amendments to the US Constitution are of immense importance:

  • 5th Amendment:  no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
  • 6th Amendment: the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed.

The Indian Constitution confers on Indian citizens, the following FUNDAMENTAL RIGHTS, equivalent to the 5th and 6th amendments:

  1. No citizen can be denied his life and liberty except by law –  Article 21 and enforced through the writ of Habeas Corpus.
  2. No citizen  accused of any offense shall be compelled to be a witness against himself — A fundamental Right and Supreme Court judgment given below.
  3. The right to a speedy trial — see the Supreme Court judgment below.
  4. The right to be tried in the place of proper jurisdiction — explained through a Supreme court judgment.

The Fundamental Rights listed above collectively constitute  the Right To Due Process In India.

In essence the right to “Due Process” in India is enforced by means of the following Supreme Court judgments:

  1. The Right Against Arbitrary Arrest — Joginder Kumar Vs State Of UP – 1994:  This judgment resulted from a writ  of Habeas Corpus and it enforces the right against arbitrary arrest. It says: “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 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.”
  2. The Right To A Speedy Trial — Hussainara Khatoon & Ors.Vs.State Of Bihar, 1979:  The accused in these cases might have been on bail – but the injustice of pendency of trial for long periods is the uncertainty and the concomitant anxiety suffered by the under-trial. The under-trial is inhibited in making future plans for his life or executing present ones due to the uncertainty which pendency of trial brings. His confidence starts to erode and at the end of the trial, even if he is honorably acquitted, the scars of the long trial remain. He feels condemned despite the acquittal.
  3. The Right To A Place Of Proper Jurisdiction — Y.Ajith Abraham Vs. Inspector of Police, Chennai, 2004: “Sections 177 to 186 deal with venue and place of trial. Section 177 reiterates the well-established common law rule referred to in Halsbury’s Laws of England (Vol. IX para 83) that the proper and ordinary venue for the trial of a crime is the area of jurisdiction in which, on the evidence, the facts occur and which alleged to constitute the crime. There are several exceptions to this general rule and some of them are, so far as the present case is concerned, indicated in Section 178 of the Code which read as follows:
    Section 178 PLACE OF INQUIRY OR TRIAL

    1. When it is uncertain in which of several local areas an offence was committed, or
    2. where an offence is committed partly in one local area and partly in another, or
    3. where an offence is continuing one, and continues to be committed in more local areas than one, or
    4. where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.”
  4. The Right Against Self-Incrimination — Article 20 of the Indian Constitution and Nandini Satpathy Vs P.L Dani, 1978: The Supreme Court issued the following directives in this judgments:
    1. An accused person cannot be coerced or influenced into giving a statement pointing to her/his guilt.
    2. The accused person must be informed of her/his right to remain silent and also of the right against self incrimination.
    3. The person being interrogated has the right to have a lawyer by her/his side if she/he so wishes.
    4. An accused person must be informed of the right to consult a lawyer at the time of questioning, irrespective of the fact whether s/he is under arrest or in detention.
    5. Women should not be summoned to the police station for questioning in breach of Section 160 (1) CrPC. Children below 15 and women should not be summoned to the police station or to any other place by an investigating officer. They should only be questioned at their place of residence. An essential element of a fair trial is that the accused cannot be forced to give evidence against her/himself. Forcing suspects to sign statements admitting their guilt violates the constitutional guarantee against self-incrimination and breaches provisions of the Code of Criminal Procedure, 1973 [CrPC]. It is also inadmissible as evidence in a court of law. In addition, causing hurt to get a confession is punishable by imprisonment up to seven years.

It is essential for Indian citizens to understand that the Indian Constitution, derived from the US Constitution and its Bill Of Rights, confers the same Constitutional protections that citizens of the US enjoy.

This post is an attempt on my part to educate and empower Indian citizens to assert their right to Due Process  — this attempt resulting from the desire to share the knowledge I gained while on a quest to serve my country.

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Feminazi Naxals Threaten Human Rights Activist Uma Challa With Death

Published October 22, 2009 454903 1 Comment
Tags: , , ,

Noted human rights activist Uma Challa, had death threats issued against her after she trounced V Sandhya, Feminazi with naxal connections  in a debate. You can see this for yourself here:

http://www.youtube.com/watch?v=MPs-8at_wiI
http://www.youtube.com/watch?v=5yp7fqc6lT8
http://www.youtube.com/watch?v=-go3Tt_Fr3E

Here is a picture of this radical feminist V Sandhya:

VSandhya
Uma must be provided with police protection as this threat cannot be taken lightly. Concerned citizens, well wishers of Uma Challa and a number of SIF volounteers are running a phone campaign urging the Police to act.

Here is the text of written complaint lodged at the Jubilee Hills Police station by Uma Challa.

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21 October, 2009

To
SHO
Jubilee Hills PS

Sir,

I am the President of All India Forgotten Women (Regd.). Our organization is observing October as “Domestic Violence Awareness Month”. As part of this campaign, we launched two organizations – 1) All India Men’s Welfare Association and 2) Andhra Pradesh Mothers-in-law Protection Association. The news about the launch of Andhra Pradesh Mothers-in-law Protection Association has been covered widely by the print media as well as several TV Channels. TV5 invited me for a live show “Snehita” today, 21 October 2009, between 2:15 to 3:00 pm. One of the callers, seemingly a follower of V. Sandhya, President of POW, abused me over the phone for launching the organization and for debating on TV with V. Sandhya. She also threatened me to close the organization.

I fear danger to my life and limb from V. Sandhya’s followers, and I request you to please provide me protection. I also request you to please investigate into the matter, and take appropriate action against the offenders. The origin of the call, phone number of the caller and recording of the show should be available with TV5. I would also like to state that should any harm occur to my life or limb the above mentioned followers of Sandya should be held responsible for it.

Sincerely,
Uma Challa
President
All India Forgotten Women (Regd.)

Cc:
Director General of Police, AP
Commissioner of Police, Hyderabad
Commissioner of Police, Cyberabad

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Initially, the Police balked at accepting the complaint, investigating it and registering the FIR. After sustained campaign by all the concerned well wishers of Smt Uma Challa, the Jubilee Hills Police have finally registered FIR CR# 873/2009 (under Criminal Intimidation) at the Jubilee Hills Police Station. Please followup on the progress of the investigation by the Police on this complaint of great national and international significance.

The Constitutions Of India And The US

Published October 10, 2009 Consitution Of India Leave a Comment

Here are the Constitutions Of India and the US :

After you are done reading both (the Indian Constitution is verbose !), listen to this hymn, a favorite of those who fight for human rights — that’s what Constitutions are for — around the world:

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Assets And Liabilities Of The Higher Indian Judiciary

Published October 1, 2009 Indian Courts , Indian Judges , Indian Law 3 Comments

I’ll be posting the links as they are posted on their respective web sites:

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SC: Magistrate Is Not A Silent Spectator

Published September 26, 2009 454903 1 Comment

“28. Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to   examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. The Magistrate has to carefully scrutinize the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused.”

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The Cost Of Each Life — The Effect On The Environment

Published September 15, 2009 Global Warming And India , global warming Leave a Comment

This is an excerpt from an article from the Washington Post. Click on it for the full story.

The Cost of Each Life

It is nothing unusual, of course, to think that the Earth could really use fewer of us.

In the 1700s, Thomas Malthus worried that population growth would outstrip the food supply. And a decade ago, writer Bill McKibben connected environmental concerns to his decision to have one child in a book called “Maybe One.”

What is new, in the British study and in a separate report from Oregon State University, are statistics that show exactly how much each life — and especially each American life — adds to the world’s emissions.

In the United States, each baby results in 1,644 tons of carbon dioxide, five times more than a baby in China and 91 times more than an infant in Bangladesh, according to the Oregon State study. That is because Americans live relatively long, and live in a country whose long car commutes, coal-burning power plants and cathedral ceilings give it some of the highest per-capita emissions in the world.

Seen from that angle, the Oregon State researchers concluded that child-bearing was one of the most fateful environmental decisions in anyone’s life.

Recycle, shorten your commute, drive a hybrid vehicle, and buy energy-efficient light bulbs, appliances and windows — all of that would cut out about one-fortieth of the emissions caused by bringing two children, and their children’s children, into the world.

“People always consider the financial costs, and they consider the time cost,” said Paul Murtaugh, one of the Oregon State researchers, who said that he does not have children but that he is open to the idea despite his research. “We’re just attempting to put on the table the ballpark estimate of the environmental cost.”

So what, exactly, is the world supposed to do with this information?

The researchers behind both studies are emphatic that they do not want people to be forced not to have children. But Martin, whose group sponsored the British study, said governments could help stop unwanted pregnancies by offering contraception and, in rare cases, abortion.

The British study found that $220 billion, spent over the next 40 years, might prevent half a billion births and prevent 34 billion tons of carbon dioxide. The cost, measured in 2020, would be about $7 for each ton reduced, the report said — far cheaper than solar power at $51, or wind power at $24.

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Madhu Kishwar Explains The SC Decision On Streedhan

Published September 6, 2009 Madhu Kishwar Leave a Comment

SC-Defines-Stridhan

Click here for other great articles from  Madhu Purnima Kishwar’s Manushi

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Inherent Flaws In Anti-Dowry Legislation – Madhu Kishwar

Published September 6, 2009 Madhu Kishwar 2 Comments

Click on the excerpt below for the complete article by Madhu Kishwar:

Burden of proof on the accused : What makes this law especially draconian is that the burden of proof has been shifted onto the accused. In most other crimes, including murder, Indian jurisprudence puts the burden of proof on the complainant and the accused is considered innocent till proven guilty. However, in the case of dowry related offences, a husband and his family have to prove that they did not make dowry demands and what was given by the bride’s parents were voluntary gifts.

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Manushi On The Exploits Of The Indian Police

Published September 4, 2009 Manushi 1 Comment

Click below to go to the full article.

Manushi

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A Pledge For The Indian Judiciary

Published September 2, 2009 Delhi High Court , Justice Ravinder Bhatt 1 Comment

I came across this quote in the judgment issued by Justice Ravinder Bhatt, of the Delhi HC. This is part of his landmark judgment that placed the Indian judiciary under the purview of the RTI Act.

Justice Bhatt quotes from a book of  Dr. Barrack, “The Judge in a Democracy”, which summarizes the values every judge must live by.

In these days and times, when the cancer of corruption is spreading to consume the Indian judiciary, I believe that this must be made the pledge — the standard — that Indian judges must be held to.

This is what Justice Bhatt quotes:

“As a judge, I do not have a political platform. I am not a political person. Right and left, religious and secular, rich and poor, man and woman, disabled and nondisabled, all are equal in my eyes. All are human beings, created in the image of the Creator. I will protect the human dignity of each. I do not aspire to power. I do not seek to rule. I am aware of the chains that bind me as a judge and as the president of the Supreme Court. I have repeatedly emphasized the rule of law and not of the judge. I am aware of the importance of the other branches of government – legislative and executive – which give expression to democracy. Between those two branches are connecting bridges and checks and balances.
I view my office as a mission. Judging is not a job. It is a way of life. Whenever I enter the courtroom, I do so with the deep sense that, as I sit at trial, I stand on trial.””

And in the event that they fall short of anything less than this standard, let’s put them on trial.

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IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) No. 218 of 2003

Decided On: 09.05.2003

Appellants: Indira Jaising
Vs.
Respondent: Registrar General, Supreme Court of India and Anr.

JUDGMENT

Rajendra Babu, J.

1. A Senior Advocate practising in this Court has filed this petition purporting to be one under Article 32 of the Constitution of India in public interest primarily for the publication of the inquiry report made by a Committee consisting of two Chief Justices and a Judge of different High Courts in respect of certain allegations of alleged involvement of sitting Judges of the High Court of Karnataka in certain incidents and also for a direction to any professional and independent investigating agency having expertise to conduct a thorough investigation into the said incident and to submit a report on the same to this Court.

2. In the Chief Justices’ Conference held in December 1999, 16 clauses formed part of the Code of Conduct in addition to the declaration of assets by the Judges and In-House procedure was suggested in the event of any complaint against any Judge. However, sanction for these guidelines in absent. In our constitutional scheme it is not possible to vest the Chief Justice of India with any control over the puisne Judges with regard to conduct either personal or judicial. In case of breach of any rule of the Code of Conduct, the Chief Justice can choose not to post cases before a particular Judge against whom there are acceptable alegations. It is possible to criticise that decision on the ground that no enquiry was held and the Judge concerned had no opportunity to offer his explanation particularly when the Chief Justice is not vested with any power to decide about the conduct of a Judge. There is no adequate method or machinery to enforce the Code of Conduct. Article 124 provides for appointment of Judges of this Court and also their removal. Similarly, Article 217 dea

Delhi HC: Indian Judiciary Is Subject To RTI Act

Published September 2, 2009 Delhi High Court Leave a Comment

Here is the judgment by the Delhi High Court.

With this judgment, the corruption within the judiciary can be exposed.

Here are the magic words:

“In view of the findings recorded above, the first petitioner CPIO shall release the information sought by the respondent applicant,- about the declaration of assets, (and not the contents of the declarations, as that was not sought for) made by judges of the Supreme Court, within four weeks.”

Here is the judgment:  

Delhi HC: Indian Judiciary Is Subject To RTI Act

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Ranjana Kumari Combats Imaginary Crimes

Published August 30, 2009 Ranjana Kumari , Red Light Despatch , Ruchira Gupta 2 Comments

I was  checking to see what our dear Ranjana Kumari was upto and stumbled upon the annual report her organization dishes out.

Ranjana Kumari

Ranjana Kumari — posing for the camera

My attention was grabbed by the stats her  org compiled from the NCRB reports on crime in India.  There are over 75,000 cases filed under Section 498A in 2007 and just over 20,000 for trafficking in persons.  It has been estimated that there are 500,000 innocents trafficked in India.

I hate traffickers and pimps  and I wish I could do more for the innocents trapped in their clutches.

What struck me was the misdirection of efforts in combating real crimes, such as human trafficking and specifically sex-trafficking.

The graphic below illustrates this misdirection of  efforts towards “countering” crimes, such as under section 498A, supported by Indian Feminazis like Ranjana Kumari.

RealCrimesTo truly comprehend the reality of these numbers, take a look at the child below.  She was trafficked into sexual slavery. Would she be in this situation if a fraction of the efforts spent in playing pussy politics was diverted to rescuing innocents like her?

MunniClick on the picture for the photo feature from the Digital Journalist to know more about girls like her.

A collection of articles of victims of human trafficking in India are given below:

In reality, can we expect anything of substance from Ranjana Kumari with regard to helping trafficked women, apart from lip service?.

Didn’t she equate high end prostitution to expressing democratic rights ?

High end or low end, prostitution is the plain exploitation of vulnerable women. Nothing more. It’s about time she realized that.

Another thing that amazes is the clout wielded by Indian Feminazis like Ranjana Kumari. I’ve always maintained that they are a small but well organized, minuscule but vocal minority and nothing more. Take a look at the photos of their demonstrations below. What do you think of their numbers and do they matter in a country of a billion people ?

Feminazi Power

Due to the misdirection of efforts in combating real crimes, it’s no wonder that  India has been placed on the Tier 2 Watch list by the US State Dept in theor annual report on Trafficking In Persons 2009

The pimps and human traffickers of India have a lot to thank the Indian Feminazis for.

What a shame!!

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Gazette of Act 5 of 2009

Published August 30, 2009 Code Of Criminal Procedure 1 Comment

Here is the pdf of the fully scanned document:

The Gazette of India (pdf)

The Gazette of India_Page_01_Image_0001

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Indira Jaising, Extortionist, Now Asst. Advocate General Of

Published August 30, 2009 Indira Jaising Leave a Comment

Indira Jaising, Asst. Advocate General,  Feminazi, slanderer of Justice Shiv Narain Dhingra, mother of the “clumsily drafted” domestic violence act, a divorcee twice over, recipient of $1,40,000.00 from Unifem is also an extortionist.

She ensured the illegal detention of the sister of an NRI. The lady, who lived in Delhi, was taken to Calcutta and held there until her brother gave in to the  extortion demands and had her released.

Indira Jaising poses as a Constitutional lawyer and human rights activist. She is nothing of that sort, but just another Feminazi and a lawyer with dirty ideals.

Here is the proof.  I’m surprised that this hag with crooked morals was placed in a prestigious position by the government of India.  What a disgrace !

excerpt

What do you think of the ideals of this  “constitutional expert” who played such an important part in the detention of an innocent lady?  Was justice served here?  Can you imagine the trauma inflicted on this lady who was taken from Delhi and dumped in a filthy Calcutta cell for over a month?

Here is the full story of this sorry tale, engineered by this ruthless Feminazi:

the-telegraph-calcutta-nri-498a-extortion-indira-jsing

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Thinking Of Getting Married? Advice From Divorcee Anne Heche

Published August 28, 2009 498A torture Leave a Comment

She is soooo right about the benefits of a perpetual engagement !!

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Interpol’s Most Wanted – NRI Grooms Not Wanted

Published August 25, 2009 Hyderabad Police , IGP S Umapathy , Indian Police , Interpol , S Umapathi IPS , S Umapathy AP CID , S Umapathy IPS 2 Comments

This post is  about contrasting the dangerous fugitives wanted by Interpol with the bogus ones (non resident Indian, NRI, grooms) designated as such by the Indian police.  As expected, NRI victims of the 498A extortion racket are not on the Red Corner Notice (RCN) list of the most dangerous fugitives wanted by Interpol.

You can see the list of Interpol’s most wanted here:

http://www.interpol.int/Public/NoticesUN/Search/Recent.asp

To all of you NRIs threatened with RCN notices and extraditions, don’t worry about it. It is not going to happen.

This is how it worked.  If an NRI had marital issues, his Indian bride would run back to India and file a 498A case against him. If he failed to pay the demanded amount, the bride, in collusion with the police would try to bring him back to India — to have him arrested on arrival. If all attempts to entice him to India failed, the police issued an RCN against him.  Before long, Interpol was receiving numerous RCNs from India; mostly for 498A cases. “Pussy Politics” Umapathi used to boast about the effectiveness of this tactic in coercing NRIs to settle their 498A cases.

Interpol stopped issuing  RCNs in 498A cases — effectively ending a tool of extortion used by the corrupt AP Police. They realized that they were being used in this extortion racket.

Here is a picture of this myopic IPS officer, hobnobbing with the likes of Indira Jaising. Our man had been out playing pussy politics instead of working to end the trafficking of vulnerable Indian women.

IGP-Umapathy

To put things in perspective, lumping NRIs (mostly techies), battling 498A charges in India, with the likes of Dawood Ibrahim and Osama Bin Laden, is ridiculous. This is a very poor reflection on the integrity and intelligence (or lack of) of officers of the Indian police force, such as “Pussy Politics” Umapathi.

SIF volunteers designated him a pinhead for these actions. You can read about that below:

Umapathi-Pinhead

“Pussy Politics” Umapathi is supposed to have lobbied hard to re-instate RCNs against NRI grooms — to no avail.  I’m sure it hurt to see the end of such a profitable revenue stream.

You can read about that here:

While on the topic of pussy politics, let this be a warning to all you officers of the Indian police force indulging in the same — you are being watched.

Interpol’s decision to eliminate 498A RCNs is a result of persistent efforts by US based NRIs caught up in this racket.  You can read about the elimination of one such RCN against an NRI  here:

A 498A Fighter Gets Interpol To Cancel His RCN

Thank you Interpol for waking up to this extortion racket !!!

Given below is the Interpol most wanted list. As you can see, NRI grooms aren’t amongst them !

Interpol-Most-Wanted____________________________________

India Today’s Coverage Of The SIFF Shimla Meet -2009

Published August 22, 2009 498A News 6 Comments

India Today covered the SIFF National meet in Simla. You can download the pdf here:

IT-SIFF-Coverage (pdf)

Here are the pictures of the SIF activists:

http://www.flickr.com/photos/41332575@N02/

Here is snapshot of the stats printed by India Today

India-Today-SIF-Stats

Here is the coverage of the SIFF Shimla meet:

National Meet - India Today 1

National Meet - India Today 2

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On Why Girija Vyas Is A Disgrace ..

Published August 19, 2009 Falkland Road , Girija Vyas 4 Comments

Girija Vyas is the corrupt MP from Jaipur and the head of the  morally bankrupt NCW (National Commission For Women).

girija-vyas-ncw-313

While she was harping about the non-existent issue of the abandoned Indian brides, thousands of  women in India were being trafficked into sexual slavery.

In 2007, she claimed she received over a thousand  complaints  by abandoned brides of non-resident Indians (NRIs). She highlighted this non-issue in the media  by means of her bully pulpit and spending enormous amounts on seminars — all this while ignoring the real issues that plague poverty stricken Indian women — such as trafficking.

Her lies about the abandoned Indian brides were revealed in an RTI filed by SIF volunteers. Forget a thousand, she received less than a hundred.

Girija Vyas has been diverting the resources, and the attention of the state, away from the horrendous crimes committed against the women of India, such as trafficking them for sexual slavery.

Here is an excerpt from the New York Times — an eye witness account from a girl from Hyderabad who was trafficked into sexual slavery.

ABBAS BE, A BEAUTIFUL teenage girl in the Indian city of Hyderabad, has chocolate skin, black hair and gleaming white teeth — and a lovely smile, which made her all the more marketable.

Money was tight in her family, so when she was about 14 she arranged to take a job as a maid in the capital, New Delhi. Instead, she was locked up in a brothel, beaten with a cricket bat, gang-raped and told that she would have to cater to customers.

Three days after she arrived, Abbas and all 70 girls in the brothel were made to gather round and watch as the pimps made an example of one teenage girl who had fought customers. The troublesome girl was stripped naked, hogtied, humiliated and mocked, beaten savagely and then stabbed in the stomach until she bled to death in front of Abbas and the others.

The article reaches the following conclusion and I agree with it:

In many poor countries, the greatest unexploited resource isn’t oil fields or veins of gold; it is the women and girls who aren’t educated and never become a major presence in the formal economy. With education and with help starting businesses, impoverished women can earn money and support their countries as well as their families. They represent perhaps the best hope for fighting global poverty.

Here is the link to the article:

A Woman’s Crusade -NyTimes.com

And if you need to know more about the trafficking of women in India and official complicity through non-action, here is a previous post on the US State Dept’s report on trafficking in persons. As a matter of fact, India has slid in the rankings after Girija Vyas took over as the head of the NCW.

Trafficking In Persons 2009-India On Tier 2 Watch List

Below, Girija Vyas enjoying the fruits of power and fame:

Januar12

While she is out living up her fame and name,  the picture below shows the reality of life faced by vulnerable Indian women who end up getting tricked and trafficked into sexual slavery. That is  a 15 year old girl.

Click on the picture to go to the  complete photo feature:

You can read about source of the photo feature above here:  The Power Of Staying Power

Girija Vyas is a publicity hound — which is the trait of any petty politician. The moment a sensational case hits the headlines, she is on, facing the media. Examples of these actions are the Pooja Chauhan case and the Shiney Ahuja rape case. The YouTube clip below, shows what I mean:

When little girls are trafficked into sexual slavery and raped on a daily and sometimes hourly basis, where is this dirty politician? Why isn’t she out on the front pages of news papers and on television — highlighting their plight ?

Check out the video below to understand what I mean:

If Girija Vyas truly cares about the plight of women in India, she should demonstrate this by doing something to protect and empower the poorest and the most vulnerable ones — girls like Abbas Be.

Otherwise she risks remaining labeled a disgraced politician, and worse, a disgrace of a human being.

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Techie Commits Suicide In Bangalore Jail Due To 498A

Published August 14, 2009 498A News Leave a Comment
Tags:

Click Here For The 498A Survival Kit

It is with sadness that I am posting this.

A techie committed suicide in Bangalore, apparently due to the harassment meted out to him. The 498A was allegedly filed after the divorce took place six months ago.  As usual an idiotic magistrate approved his arrest.

Following the posting of this news at Supari.org, a person named Nandini, purportedly the ex-wife, made a comment on the Supari article. If this Nandini was his ex-wife, here is my question — how did she get to Supari.org, a little known site, so fast and with such a perfect  sob story?

More questions. If Nandini was being subjected to cruelty by her now deceased husband, why did she have a baby with him in the first place. I didn’t have a kid with my ex-wife as I realized the evil she represented, and I didn’t want to gift my child with a mother like her. I think the same principle applies here in Nandini’s case — if her allegations about her husband are true.

Why didn’t she seek help and counseling? Maybe, just maybe, the guy  may have needed professional help. And what did he get? — a 498A six months after a divorce !

Hmm… !, Nandini is quite a grieving little ex-wife, isn’t she?

For the moment, I’m sticking this post to the front page.

Here is Nandini’s comment from Supari.org followed by the coverage in the times of India.

Nanidini-Comments

Coverage from TOI:

Techie______________________________________________

Ranjana Kumari’s Bird Brained Study On 498A From 2005

Published August 14, 2009 Ranjana Kumari Leave a Comment

Here is the CSR study on 498A from 2005.

I realized that Ranjana Kumari was nothing more than a  parrot brained feminazi after I read this report.

image576418g

Here is the report. I’ll let the readers draw their own conclusions.

CSR Study On Section 498A – 2005

While our bird brained Ranjana keeps harping about the benefits of 498A, WHO released a damning report on elder abuse in India due to 498A.

What saddens me is that this report came was released in 2002, a full 3 years preceding the crap dished out by Ranjana Kumari and her cohort of nitwits.

I’m just wondering what horrors my gentle mom would have been subjected to if I hadn’t stood my ground and ditched my ex-wife.  She was more than capable of subjecting my mom to every kind of abuse. Unfortunately, we couldn’t avoid having  to undergo torture and intimidation at the hands of the police because of my determination to ditch the bitch.

Que sera, sera ….

Here is the WHO report:

ELDER ABUSE IN INDIA – 2002

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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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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

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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