Archive for July 20th, 2007

Police Attempting To Arrest Kids, Ages 4 And 8, In A 498A Case

Here is the Link to the article

Here is an excerpt, along with the judgment of Justice Dhingra.

“Kanpur: In an age when the life for little ones is all play and fun,
four year-old Vishal is hiding at an unknown place since June 29,
evading his arrest. Reason: He and his brother Ajay (8) are facing a
non-bailable warrant (NBW) in a dowry harassment case.

Under Section 156(3) of the CrPC, the district court had asked the
police to register a case against Ramesh Kuriel, a resident of
Darshadev village near Gujaini in Kanpur Dehat district, his wife
Shanti and their sons Abhinay (24), Vishal (4) and Ajay (8). The court
issued the directive on a complaint lodged by Abhinay’s wife Deepa,
who had alleged that her in-laws, husband and two minor
brothers-in-law tired to set her ablaze on December 2, 2006 when her
family refused to pay a dowry demand of Rs.50,000, besides a bike. The
two kids have been accused of helping the family in puring kerosene on
Deepa during the unsuccessful bid to set her ablaze.

While the police in a bid to comply with the court order continued
raiding possible hideouts of the kids, the complainants advocate Arun
Srivastava explained that as Deepa had not disclosed the age of the
accused persons, this goof up took place. “We are rectifying the
lapse,” he added. Although Ramesh Kuriel and his wife were granted
bail on Tuesday, their three sons are yet to seek it and come out of
hiding. “Deepa has implicated my entire family after her husband and
my son Abhinay refused to leave us and stay separately,” Ramesh alleged.

The case has, however, added to the swelling number of the frivolous
anti-dowry cases in which the criminal justice system is used as a
tool to settle personal scores. This is happening despite several
higher court orders in the past asking lower courts to avoid
entertaining flimsy use of anti-dowry law. The latest such direction
had come from the Delhi High Court on March 13 last.

“The trial court must take into account the entirety of the case, all
documents which are brought to its notice and thereafter decide
whether there was a case made out or the court was being used as a
tool,” Justice SN Dhingra had observed in his order.”

You can read about this order here: Do Not Entertain Frivolous Dowry Cases


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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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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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July 2007

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