Archive for February 1st, 2009

Kapil Rastogi Vs Urvashi: DV Case – 2009

Kapil and his mother found themselves as the accused in a domestic violence case.

Kapil managed to get his mom out of it due to a provision in the DV Act that prohibits the DV Act from being filed against any women members of the family.

We need to thank god for his tender mercies and one of them is the stupendous stupidity he bestowed the draftees of this silly law with !

Is it a wonder that the Supreme Court called it a “clumsily drafted” law?

Here is the provision that allowed Kapil to get his mom out:

kapil-urvashi

Here it is the judgment:

Kapil Rastogi Vs Urvashi: DV Case – 2009

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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 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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