Archive for March, 2009

WCD Record On The Sexual Harassment Bill

These records from the WCD pertaining to the flawed sexual harassment bill came to light on account of RTI Activists.

I am posting them here to shine a light on the workings of the Babus, the cogs that make the govt run or not run.  They are also very rude.  You can read about that here:

An RTI Acitivist And A Babu Of The WCD

Here is the request he made to inspect the files:

RTI Activist Request For File Inspection

Just looking at this record, I really feel justified in the low esteem I hold govt servants in. It is true that they are IAS officers and what not, but they appear to be soul less automatons.

You can also see what file notings look like in this record. This record shows the WCD recommendations on the SH bill.

Here is the document:

WCD Records On Recommendations On Sexual Harassment Bill

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The Delhi Bar Association Issues A Fatwa: Opposes CrPC Amendments

Read this hilarious and  shameful fatwa.

The bar association is protesting the amendments to the CrPC.

You can read about that here as well as the real reasons for these protests:

CrPC Sec 41 Amendment Is The Law: Hopefully No More 498A Arrests

Here are the highlights of this fatwa that demonstrates the depths one can fall to. The main reason for the bar association to oppose the CrPC amendments is that it will lead to  a drastic drop in revenue  in the business of bails, especially those related to 498A bails.

Delhi Bar Association Fatwa - Excerpts

Here is the pdf  of the original FATWA:

Delhi Bar Association Fatwa – Feb 09

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Delhi Police Instructions On Registering Dowry Cases

This is sourced from the SIF repository.

This circular stems from the Smt Neera Singh Judgment of Justice Dhingra.

Here is the pdf of the circular: Delhi Police Instructions On Registering Dowry Cases

Here is the text:

CIRCULAR No. 7/2007
The Hon’ble High Court of Delhi while dealing with Criminal Misc. Nos. 7108 and 7262 of 2006 under Section 482 CrP.C., has laid down guidelines to be followed for investigation and trial of cases under section 498/A IPC, dowry, cases etc. The main -guidelines to be followed are as follows :-
1. Where allegations, are made that dowry has been given as a consideration for marriage, the list in terms of Rule 2 of the Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985 must be insisted upon by the Investigating Officer.
2. Where there is expenditure of a huge amount of money without disclosing the source of income, police should insist upon compliance of Rule 2 of Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985 (photocopy enclosed) and should not entertain any complaint if the rules have not been complied with.
3. In case a grown up and well educated women gets married to a person despite a demand for dowry, she and her family members also become accomplices under section 3 of the Dowry Prohitiion Act, 1961. Appropriate action should be taken against them.
4. If the compliant is against every member of the family of husband, the allegations cannot be taken at their face value and need to be scrutinized carefully.
All the investigating Officers and supervising officers must ensure strict compliance of the above mentioned instructions.

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An RTI Acitivist And A Babu Of The WCD

The purpose of this post is to demonstrate the contempt the machinery of the Indian govt holds a citizen in.

I am starting with an article in the NyTimes that demonstrates the results of this contempt and I highlight this by the interaction between an RTI activist and a babu of the WCD.

This article in the Nytimes shines the light on the results of the workings or non-workings of the Ministry of Women and Child Welfare, headed by the Sarah Palin of India, Renuka Chaudhry.

Take a good look at the picture below, you may be surprised, but yes, that is a starving Indian child.

india-starving-baby

I hope that what you are experiencing is horror and shame.  I am.

This article from the NyTimes says that:

“Small, sick, listless children have long been India’s scourge — “a national shame,” in the words of its prime minister, Manmohan Singh. But even after a decade of galloping economic growth, child malnutrition rates are worse here than in many sub-Saharan African countries, and they stand out as a paradox in a proud democracy.

There are no simple explanations. Economists and public health experts say stubborn malnutrition rates point to a central failing in this democracy of the poor.

Amartya Sen, the Nobel prize-winning economist, lamented that hunger was not enough of a political priority here. India’s public expenditure on health remains low, and in some places, financing for child nutrition programs remains unspent.  India’s sluggish and sometimes corrupt bureaucracy has only haltingly put in place relatively simple solutions — iodizing salt, for instance, or making sure all children are immunized against preventable diseases — to say nothing of its progress on the harder tasks, like changing what and how parents feed their children”

You can read the full article here:

http://www.nytimes.com/2009/03/13/world/asia/13malnutrition.html

A simple explanation of why India has been unable to eradicate starvation amongst its children, can be better understood due to the unrelated activities of an RTI activist.

For a while, activists have been hounding the Ministries of WCD and the Law Ministry to get to the bottom of the workings behind the motivations and drafting of the flawed work place sexual harassment bill, promoted by the bigoted and clueless feminazis of India, through RTIs.

After being given the run around, an activist was allowed to inspect the files. At the time of inspection, he was met by one among the many who infest in the ranks of the Govt Of India. If you are under the impression that this was some chaprasi or uneducated class 4 employee,  think again !

This was a Baaaabuuuuuu !! Yesss ! An IAS officer with an official car and all !

His name is M. R. Mohanty, Director of WCD.

And what a disgrace to the cadre he is !

This is what allegedly transpired:

“The behaviour of the PIO (an IAS) was very rude and uncooperative. He just showed me three files as all the records for sexual harrassment bill in the ministry. I asked him many questions and based on his own answer i asked, where are those documents where all what you just said is documented? He got irritated and even started talking like a goon.
He said “RTI? Kyaa phansi thode hi chadha doge.” (RTI? Will you hang me?)”
Can there be a better demonstration of hubris within the babudom and their ruling masters of the political class ?
Is there a wonder that there is no improvement in the plight of the starving children of India, if the Ministry tasked with the amelioration of their conditions is staffed with these kind of people ?
Here are some questions.
Who is holding these kinds of nitwits accountable?
If this is the attitude demonstrated towards an intelligent, educated activist, then what chance do the starving millions of Indian children stand in the hands of such civil servants?
Why should Indian tax payers put up with these kinds of idiots ?  Is this the best use of their money? Money spent on lazy, soulless, immoral and irresponsible government servants ?
I have long maintained that we have moved from the age of the gora babus to the age of the brown babus. I think the brown filth is a lot worse than the goras were, simple explanation being that the goras didn’t spring from our soil and didn’t share our blood.
And where is our desi Sarah Palin? Isn’t it her responsibility to ensure that the apparatchiks of her domain behave with civility towards the aam junta? Or is she the reason why this jackass behaved the way he did?
Is she monitoring the progress of the projects meant to eradicate hunger among Indian children or is she out partying or hosting parties?
As for M. R. Mohanty,  IAS.  We won’t  hang him, but we can ensure that his name and his actions live on online in infamy for eternity !
For a little more on the state of the IAS, please read this article by Abhinav Kumar, IPS. I think he has been silenced as I have not seen any articles by him of late. You can access the article by clicking on the excerpt below:
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Ela Bhatt And The Meaning Of Freedom

Freedom, one woman said, was “looking a policeman in the eye.”

-From an article on Ela Bhatt in the NyTimes.

We live in times when feminisn and empowerment of women automatically implies playing pussy politics, pitting one section of the population against another, kissing the rear ends of corrupt politicians or playing their hand maidens.

Ela Bhatt and Madhu Kishwar are the breed that symbolize what is real and what truly defines the empowerment of women.

These women are poles apart from the likes of the  practitioners and profiteers of pussy politics such as  Indira Jaising, Girija Vyas and Ranjana Kumari.

Here is an excerpt from an article from the New York times that details the work of Ela Bhatt and SEWA.

“THIRTY-FIVE years ago in this once thriving textile town, Ela Bhatt fought for higher wages for women who ferried bolts of cloth on their heads. Next, she created India’s first women’s bank.

Since then, her Self-Employed Women’s Association, or SEWA, has offered retirement accounts and health insurance to women who never had a safety net, lent working capital to entrepreneurs to open beauty salons in the slums, helped artisans sell their handiwork to new urban department stores and boldly trained its members to become gas station attendants — an unusual job for women on the bottom of India’s social ladder.”

The rest of the article can be read here:

An Empire for Poor Working Women, Guided by a Gandhian Approach

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A 498A Fighter Gets Interpol To Cancel His RCN

Folks,

here is the confirmation letter from Interpol about the deletion of his name from the Interpol Red Corner Notice.

The address to petition Interpol  is given below:

INTERPOL
Commission for the control of interpol files
200 Quai Charles De Gaulle
69006 LYON
FRANCE

As a bonus, Interpol has decided to stop the issuance of RCNs in 498A cases – despite of the best efforts of IGP “Pussy Politics” S Umapathy. Below is a snapshot of the DC article followed by the letter from Interpol, informing Naveen of the elimination of the RCN against him.

Interpol RCN news

Congratulations Naveen !

naveen-interpol-response1

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Guidelines For RTI Applicants

Here is the document:

guidelines-for-rti-applicants

You can find more circulars here:

http://righttoinformation.gov.in/Circulars/CircularReportForRTI.asp

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SC: No Irrelevant Conditions For Wife’s Maintenance For Granting Bail

Will uplaod the judgment as soon as I find it:

==============================

Dated : 01-03-2009

Sourece : UNI

Delhi :

TEXT :

The Supreme Court has held that while granting anticipatory bail,
courts cannot impose irrelevant conditions on the husband such as
directing him to pay maintenance, along with arrears, to the wife.

A bench comprising Justices R V Raveedran and J M Panchal allowed the
appeal of Munish Bhasin and his parents against the order of the
Delhi High Court directing him to pay arrears of Rs three lakh from
August 2005 and also pay maintenance to the tune of Rs 12,500 per
month in future.

Justice Panchal, writing an 11-page judgment for the bench ruled, `It
is well settled that while exercising discretion to release an
accused under Section 438 of the Cr.P.C, neither the High Court, nor
the Sessions Court would be justified in imposing freakish
conditions.

`There is no manner of doubt that the court having regard to the
facts and circumstances of the case can impose necessary, just and
efficacious conditions, while enlarging an accused on bail under
Section 483 of the Code.

`However, the accused cannot be subjected to any irrelevant
conditions at all.

`There is no manner of doubt that the conditions to be imposed under
Section 438 of the Code cannot be harsh, onerous or excessive so as
to frustrate the very object of the grant of anticipatory bail under
Section 438 of the Code.’ The apex court went on to add, `In the
instant case, the question before the court was whether having regard
to the averments made by Ms Renuka in her complaint, the appellant
and his parents were entitled to bail under Section 438 of the Code.

`When the High Court had found that a case for grant of bail under
Section 438 was made out, it was not open to the court to direct the
appellant to pay Rs three lakh for past maintenance and a sum of Rs
12,500 per month as future maintenance to his wife and child.

`In a proceeding under Section 438 of the Code, the court would not
be justified in awarding maintenance to the wife and child. The case
of the appellant is that his wife Renuka is employed and receiving a
handsome salary and therefore, is not entitled to maintenance.

`Normally, the question of grant of maintenance should be left to be
decided by the competent court in a proceeding, where the parties can
adduce evidence in support of their respective case, after which
liability of husband to pay maintenance could be determined and
appropriate order would be passed, directing the husband to pay
amount of maintenance to his wife.’ The apex court also took note of
the fact that the wife has already filed a petition for maintenance
under Section 125, Cr.P.C., which is pending before the trial court.

The High Court vide order dated August 7, 2007, after noting that net
salary of the husband was Rs 33,000 per month, directed him to pay
the maintenance, while granting anticipatory bail to the accused and
his parents.

The amount already paid by the husband following the High Court
orders need not be refunded by the wife and will be adjusted, subject
to the final order in the maintenance case.

The judgment was pronounced on February 20, copies of which were made
available to the media.

UNI

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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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