Some Things to Ponder About

What can be done to throw a light on this industry, and inform and empower innocent people?

  • Questions for Justice Dhingra: he did more than any one else to improve the lot of 498A victims. Get his views on 498A, criminal justice and investigation procedures, and what this mess has done to wreck the Indian criminal justice system.
  • Question for Former CJI MN Venkatachalliah:
    • Are the arrests of women or men documented in NCRB 498A statistics legal, when seen through the eyes of his judgment on Joginder Kumar Vs State of UP.
    • Magistrates remand automatically. Can they do that ?  What is the law on remand by magistrates?
  •  YS Dadwal of the Delhi Police:
  • Why did he prohibit arrests in 498A cases? What prompted him to issue the order.
  • Cops never investigate 498A accusations and file charge sheets.
  • What are the avenues of redress? Who do the accused approach to redress?
  • What is the procedure for investigations and gathering evidence in 498A cases? Get a copy of the procedures.
  • What is the procedure for filing a charge sheet? What are the different checkpoints to be documented?
  • What is the ratio of charge sheets filed in 498A cases to final reports dismissing the accusations since 2004 (Use RTIs)?
  • Questions for Indira Jaising (she claims to be a constitutional expert, but in reality, she is the leading Indian Feminazi)
    • What is Habeas Corpus?
    • What are the rules the police need to follow to arrest an Indian citizen?
    • Under what conditions can magistrate remand a person?
  • Best practices: Find people who won their case without getting into the court system. Tell their stories. What were the tools they used?
  • Budget for India’s judiciary is $43 Million. Corruption thrives by starving the judiciary of funds, and Indians of justice as the resources don’t exist to deliver justice in a country of a billion people. What is being done to reform the Indian judiciary?
  • Understand the size of this industry in Dollar amounts:

  • Connect the denial of justice to rape victims with the numbers of 498A and DV Act cases clogging the Indian courts. Thousands of rapists have escaped justice as the cops are geared to arrest people accused in 498A cases, than instigate and gather evidence capable of convicting rapists.
  • Why don’t the courts or cops punish women who abuse this law? The answer is simple: These women serve as the bait that lure the victims into the jaws of the criminal justice system. How else do lawyers, cops, and corrupt magistrates augment their income? Try to get the average number of cases in the portfolio of a Delhi HC lawyer. What’s the amount they charge to handle 498A cases?
  • Get the views of the Indian Feminazis on the arrests of thousands of women. Interview the likes of Ranjana Kumari and Indira Jaising. Get their views on record. What do they really want?
  • While the Feminazis and the criminal justice system is focused on 498A, what are the real issues affecting women that are escaping the attention of the public eye and the govt? (Think of sex trafficking and prostitution; infant mortality and maternity deaths)
  • Set up a website where people can discuss how they got things done without paying a bribe.
  • Create a website dedicated to listing corrupt public officials who demand bribes. Call it the Indian gallery of rogues.
  • Question Madhu Purnima Kishwar. Find out if these laws really help women. Get her opinion on who truly benefits from these laws.
  • What’s the common pattern of life or events for the 498A bridezillas, after the 498A cases they filed are over? Do they marry again? What are the numbers (statistics) of women who are now swatting flies on or, while awaiting the arrival of their 2nd prince charming?
  • Why is it easy to get tossed into the criminal justice system and so hard to get out? Are quash petitions the only way out of this mess?
  • Who is behind the law to allow women to be given a share of ancestral property? What studies were done? Who sent the file to the union cabinet? (I’d be surprised if Indira Jaising’s name didn’t come up. Use RTIs.) .  How was this bill brought to the Union Cabinet without any warning to the public? How is this a priority for the Union Cabinet, above farmer’s starvation deaths and terrorism issues the country is facing? What about police corruption and brutality? What about the much needed reforms in the police force? Despite the orders of the India Supreme Court, nothing has happened.
  • Thousands are arrested in 498A cases by the police, but the country’s security apparatus is unable to prevent terrorist attacks, or effectively investigate and prosecute terrorists after terrorist attacks take place. Are Indian cops only good for arresting innocent men and women accused in 498A cases?
  • This is not about men’s rights or women’s rights or 498A. This is about the ability of the justice delivery system to deliver justice. This is about looking at the the widespread rot in governance in India, at the state and national level.
  • Why the system won’t change: For the political parties, 498A plays into vote bank politics. Feminazis like Ranjana Kumari and Indira Jaising have convinced the Congress that enacting laws like 498A is in their interest as it attracts the women’s vote bank. The govt won’t clamp down on abuses  by the cops, as they are employees of the Indian public sector, which forms a HUGE vote bank. Punishing them for corruption and excesses is akin to draining the vote bank of votes. Besides, the Indian public shouldn’t forget that the police is a tool used by the establishment to maintain law and order, not serve and protect the public. The purpose of the police is to oppress the local population — a legacy of the colonial system — and nothing will be done to change it. Besides, the police serve their political masters well by containing public unrest (the police roughed up the people protesting against the establishment’s corruption), so why will the masters deprive their dogs of their easy pickings (498A victims)?
  • NGOs like AIDWA, Lawyer’s Collective, and CSR derive their funding (Indira Jaising was paid over $1,40,000 to write Staying Alive, an annual report on the DV Act by Unifem) and base their exist by playing pussy politics. They can’t be pressured to  change their attitudes unless the consequences of their actions — such as the arrests of thousands of women under 498A — are exposed and brought to the public’s attention and opprobrium (Indira Jaising, the self proclaimed human rights activist, had a woman from Delhi jailed for a month in Calcutta. The lady was released only after her NRI brother paid a $100,000. How is she a human rights activist if she can do this to an innocent woman?).


4 Responses to “Some Things to Ponder About”

  1. 1 AamAdmi May 13, 2013 at 4:55 am

    Many of the 498a cases will not reach the stage of verdict. Women or her side file this and start blackmailing the boy side. Once the amount/property they are demanding is settled, they’ll close the case and get separated with mutual divorce. If an analysis is done on this we will get lot misuse of law. You may not get 498a cases closed as fake because of this reason.

    Your analysis ia another example for “Women hates women” Very unfortunate that innocent people are getting suffered!!


  2. 2 subhorup June 6, 2013 at 1:58 pm

    Great list of action item ideas. Even people who are not actively engaged in 498A activism can take some ideas from here and follow them up. Sharing.


  3. 3 SatyaMev Jayte June 7, 2013 at 5:54 pm

    Nice observations. But IMHO v Indians r 2 much obsessed wid d laws & law makers w/o assuring just implementation. Most of us r busy passing d buck & prefer 2b ignorant coz v think “Me & My near ones r immune 2 misuse of such draconian laws.”

    Sadly one fine day few of us has 2 wake up 2 d harsh reality & pay d price 4 our Ignorance.


  4. 4 raj October 20, 2013 at 1:37 pm

    Unfortunately.. 498a is mainly used by greedy people with evil mindset. When this law don’t exist.. these people used to harras their daughter in law for drowry. These are the same people who used to kill the girl child before birth and celebrate boy’s birth. Now after 498a they have got another legal business.. i.e. harras son- in law and their family in the hands of law.. filing 498 125 etc sections and blackmail for money and property.

    White collor and soft minded people with high profile are the main target for these racket. This law made marriage.. an abuse and a life destroying ceremony.

    Now Live -in-relationship is the new concept popping up in the minds of youngsters who are afraid of these laws and want to leave a peaceful life.

    I think parents join hands with the New generation to testify the mindset of the girl coming to ruin the entire family if she doesnot get expected comfort she imagined after marriage.


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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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May 2013

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