Archive for the '498A misuse' Category

CrPC Sec 41 Amendment Maybe The Law Someday

====================UPDATE=====================

Jun/14/09

The amendments are on hold due to sustained opposition by some of the beneficiaries of arbitrary arrests, the lawyers. They consider this “anti-lawyer” as they will lose a huge revenue stream due to the cut back in bail applications, once the gazette notification is issued.

Regardless, please remember that the CrPC amendment to Section 41, is the codification of Joginder Kumar Vs State of UP, 1994. This judgment clearly states that an arrest is an exception and that an arrest should only be made in heinous crimes and that too only after an investigation and must be justified. Please download this judgment and keep a copy with you if you fear an arrest by the police for any reason:

Joginder Kumar Vs State Of UP – 1994

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The amendment to Section 41 of the CrPC has been signed into law by the President Of India.

As soon as the gazette notification is issued, no person can be arrested under 498A by the police without an investigation.

This is what the new Home Minister had to say:

“Referring to Section 41 of the Act, Chidambaram said in his letter, “This provision was severely criticised as capable of being misused and, in fact, was being misused.” To substantiate his point, he advised CMs to refer to reports of the Law Commission and the Malimath Committee and also the judgment of the Supreme Court in D K Basu case which laid down guidelines for effecting arrest. “

It is not just DK Basu Vs State Of WB, Joginder Kumar Vs State of UP has what has been codified into the CrPC amendment. This is an action that has been long overdue.

Bar associations across the country have been protesting under the pretext that these CrPC amendment (Section 41, CrPC), doing away with mandatory arrest provisions, would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.

What the bar associations will never tell you is that the police never had the power to make such arrests and that arrest is an exception and not the norm.

The fact is that by law,  it is the seminal  judgment of the Supreme Court, Joginder Kumar Vs State Of UP,  that governs arrests in India.

The reasons the bar associations are giving for protesting against the CrPC amendments, such  as criminals not fearing the law and other such excuses is just plain bullshit.

They are giving their game away by saying with the same breath that these amendments are anti-lawyer and will reduce their income. Really !

How low can you get?

For a measly few thousand Rupees, these lawyers want to have entire families entangled in the corrupt criminal justice system for years !! Talk about ethics!

“Among the grouses of the lawyers is that the law if enacted will eat into their work substantially reducing their income. A sizeable income of the lawyers is generated by Bail related works.”

Now you know why these lawyers are protesting so that they can get bail related gravy. How about doing an honest days work for a change?

In reality, this amendment does away with the need to get bails and anticipatory bails,  a rich source of revenue for the lawyers, the dirty Indian cops, some filthy lower court magistrates and public prosecutors.

To see what I mean, take a look at the NCRB stats about the women arrested under 498A. If the SC guidelines had been judiciously followed, do you think so many men, women or children would have been arrested? Click here to look at the stats.

The CrPC amendments effectively signals the end of using 498A for extortion as the cops can no longer use arrests for extortion. Also remember this, the cops never had the power to arrest without cause or justification.  Hence, almost all 498A arrests have been illegal detentions.

This is a significant win for all who are fighting against the tyranny on men and their families imposed by this law, IPC 498A.

The Indian Feminazis are so stupid that they did not foresee the immediate consequence of this law or they would have been up in arms. I saw this coming and kept my mouth shut in order to not draw any attention to this beneficial side effect in the fight against 498A. The stupidity of the Feminazis can be guaged by the fact that they are ignoring the basic tenet of the Constitution, Habeas Corpus or the right against arbitrary detention, which this amendment codifies into the CrPC. They can try to change the Constitution Of India if they are unhappy about these amendments.

PS:

Should the govt decide to reverse course and allow arrests under 498A, I would be very happy. Why ?

The reason being that more Swarup Sarkars will emerge to bash the Feminazis and roll back the gains they made.

So Indian Feminazis, please do your best to roll back these amendments !

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How Fair Is 498A? TOI Reporter Radhika Oberoi Answers The Question

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CIC Berates NCW And Fines PIO Yogesh Mehta

Folks,

just a few days ago a blogger highlighted the blatant attempt at a power grab by the corrupt Girija Vyas.

And today, it has come to my notice that these morons are incapable or unwilling to maintain and furnish information as per the RTI act.

In the present case, this RTI was filed by Cmdr Batra, who wanted to know what the fatties of the NCW did when girls and children were disappearing in Nithari. Read the Tehelka expose to understand more:

Tehelka NCW Nithari Expose

Fortunately, not adhering to the RTI Act had repercussions. The Hon’ble CIC, has berated the NCW for sloppy record keeping and fined their legal officer Yogesh Mehta.

Here’s the picture of this jackass:

Here’s another picture below where Girija Vyas and Mr Mehta look like they ate something nasty:

Here are two excerpts from the ruling of the CIC:

  • Having heard the arguments and examined the files we are constrained to observe withy deep regret the lack of a functional system in the National Commission for Women in dealing with so important a case that was brought before the NCW by Commander Lokesh K. Batra. It is strongly recommended under the authority vested in us by Sec 19 (8) sub-section (a) to the Ministry of Women & Child Development that the Ministry institute a regular administrative structure for the Commission, which will then bring its functioning into conformity with the RTI Act, 2005 by instituting a system of maintenance of records in keeping with Sec 4(1), particularly sub-section (a). This exercise may be completed within thirty days of the issue of this decision notice under intimation to Sh PKP Shreyaskar, Jt Registrar, Central Information Commission.
  • In this file the answers which can be deemed inadequate by the complainant are the answers to question No. 1 & 3. Simply because the web page contains a title RTI Act, informing appellant as much does not amount to an adequate response to an RTI request where under information u/s 7 (9) is excepted to be provided in the form in which it is sought. Besides, leave and tour records on Government account are excepted to be kept by any respectable govt. office. The plea taken by the CPIO that the information sought is cumbersome which cannot be provided is, therefore, specious. If the NCW has been so lackadaisical hitherto as to neglect its duty to conform to the Sec 4 (1) sub-section (b) (iv)of the RTI Act,2005 it will do so now, by publishing the norms set by it for the discharge of its functions, in consonance with our decision on File CIC/WB/C/2008/00426. The information sought under both heads will be provided to the appellant, Cdr Lokesh Batra within 15 working days of the date of issue of the decision notice. Because the information sought was not provided in the time mandated under law, it will be provided free of cost as per Sec 7(6) of the RTI Act Moreover, we find a failure to respond within the mandated time limit to the application of 20.12.2007. PIO Shri Yogesh Mehta will, therefore Show-cause as to why he should not be held liable for a penalty of Rs. 25,000/- for the delay between 20.1.2008 when the response became due up to 9.5.2008 when it was actually provided, a delay of 110 days @ Rs. 250/- per day not exceeding Rs. 25,000/-. He can do this either in writing by 10th September, 2008 or by personal appearance before us on 29th September, 2008 at 12.30 p.m. On the basis of this explanation we will also take a decision on compensation payable, if any, as prayed by appellant Cmdr Batra.

By the way folks, if you are wondering who Yogesh Mehta is, he is the PIO and legal officer stupid enough to say the following, “489a is one of the most important tools in the hands of Indian women who have suffered abuse” in an article published by Indian Express.

“one of the most important tools in the hands of Indian women” Really !!

What this nitwit means is that 498A is “one of the most important tools for extortion in the hands of unscrupulous Indian women”

Mr Legal Officer and PIO, what about the more than 100,000 women who were arrested under this law since 2004, illegally and in contravention of Joginder Kumar Vs State of UP-1994? Would you care to comment about that please ?

I am very happy that was fined. They have gone around strutting aroubd with arrogance. The days of reckoning are here!

Here is the judgment of the Hon’ble CIC: CIC Berates NCW and Fines NCWs PIO

Local copy of the same is here:  NCW PIO Yogesh Mehta Fined By CIC

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Maharashtra Home And Police Depts Joginder Kumar Compliance Orders

The last order in issued by former CJI, Justice MN VENKATACHALLIAH, in joginder Kumar Vs State Of UP directed the DGPs of all states to issue the necessary orders for compliance.

The Protect India Family Foundation filed a bunch of RTIs and were able to get the Maharashtra Govt to produce the orders issued by the then DGP and Dpty Home Secy (Home) to comply with the orders issued by the most hon’ble former CJI.

Here they are:

This is yet another circular uncovered by PIFF.

In this circular, the police pretty much come up with their own rules, in defiance of the directives of the Supreme Court on the arrest of women.  Using the justification outlined in this circular, corrupt cops can categorize grandmothers, mothers and innocent sibling as “unscrupulous females” and arrest them. Justice AN Mulla* was so right about the nature of the Indian police force !

Here is the circular: Mumbai Police Circular On Arresting Women – 2004

Inspite of these orders, the Maharashtra police have been arresting innocents and subjecting them to threats, intimidation, illegal detention and extortion in 498A cases.

They are prima facie guilty of contempt of court.

*Justice A N Mulla had once commented, ” I say it with all sense of responsibility that there is not a single lawless group in the whole country whose record of crime is anywhere near the record of that organized unit which is known as the Indian Police Force.”

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Justice R Regupathi (Chennai HC) Ends The Abuse Of 498A

This year has been significant for those of us fighting to end this extortion racket known as IPC 498A.

The four most significant events that have occurred this year and that will lead to the eventual end of 498A are the following:

The fourth of these events are orders issued by Justice Regupathi of the Chennai HC. You can read about the news coverage from the Indian Express:

Women Police Resorting To 3rd Degree Restrained By HC

To understand one of the reasons why these orders were issued, we need to look no further than at this news clipping of this sack of shit, caught accepting a bribe:

I don’t have his original orders from July/2008, but I got my hands on the acknowledgment filed by the DGP’s office, Chennai, from a SIF volunteer. The gist of the orders were the following as per news reports:

The Honorable High Court has issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah.

i) Except in cases of Dowry Death/suicide and offences of serious nature, the Station House Officers of the All Women Police Stations are to register F.I.R. only on approval of the Dowry Prohibition Officer concerned.
ii) Social workers/mediators with experience may be nominated and housed in the same premises of All Women Police Stations along with Dowry Prohibition Officers.
iii) Arrest in matrimonial disputes, in particular arrest of aged, infirm, sick persons and minors, shall not be made by the Station House Officers of the All Women Police Stations.
iv) If arrest is necessary during investigation, sanction must be obtained from the Superintendent of Police concerned by forwarding the reasons recorded in writing.
v) Arrest can be made after filing of the final report before the Magistrate concerned if there is non-cooperation and abscondance of accused persons, and after receipt of appropriate order (Non-Bailable Warrant).
vi) Charge sheet must be filed within a period of 30 days from the date of registration of the F.I.R. and in case of failure, extension of time shall be sought for from the jurisdiction Magistrate indicating the reasons for the failure.
vii) No weapon including Lathis/physical force be used while handling cases at the All Women Police Stations.
viii) Complainants/victims should be provided with adequate security/accommodation at Government Home and interest of the children must be taken care of.
ix) Sridana properties/movables and immovable to be restored at the earliest to the victims/complainants and legal aid may be arranged for them through Legal Services Authority for immediate redressal of their grievances.

Here are some excerpts from the acknowledgment of the above orders of Justice Regupathi that will go a long way in ending the extortion racket called 498A in Chennai/TN:

  • Arrest in matrimonial disputes, in particular arrest of aged, infirm, sick persons and minors, shall not be made by the Station House Officers of the All Women Police Stations.
  • If arrest is necessary during investigation, sanction must be obtained from the Superintendent of Police concerned by forwarding the reasons recorded in writing.
  • Commissioners of Police and the Superintendents of Police in the State have been instructed to scrupulously follow the suggestions.
  • When the investigating officers seek for remand of the accused, the Magistrates must examine the necessity for the same and only where there are valid grounds for believing that the accusation or information is well- founded and it appears that the investigation cannot be completed within a period of 24 hours, remand may be ordered. Violation of human rights and infringement of personal liberties must be viewed seriously. Except in cases of grave nature viz., dowry death, murder, suicide, hurt, etc., in other matters like matrimonial disputes between spouses where it may not take much time for the police officer to interrogate/investigate, remand should not be ordered mechanically, for, remand of an accused by a Magistrate is not automatic one on the mere request of the investigating officer and sufficient grounds must exist for the Magistrate to exercise the power of remand.
  • Of course, it is provided in the Code that remand should not exceed 15 days at a time, but, it does not mean that in all cases, remand for 15 days should be ordered invariably.
  • Though the law is manifestly clear, plain and patent, in many cases, it is witnessed that, on the mere request of the investigating officers, remand is ordered mechanically without application of mind and such illegal practice must be avoided.
  • The preliminary job of an Investigating Officer including that of the Officers posted at the All Women Police Stations is only to collect the materials in respect of the dispute they are investigating and place the same before the court/Magistrate. For adjudicating any issue, the dispute must be forwarded only to the learned Magistrate or the Family court. In this type of fragile matters, in the name of ‘petition enquiry’ or investigation after registration of F.I.R., the police should not be allowed to conduct lengthy panchayats in police stations.

Here is the acknowledgment of the police compliance of Justice Regupathi’s earlier orders:

Justice Regupathi 498A Orders Compliance Aknowledgement-2008

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Judgments To Fight Accusations Under Domestic Violence Act

Here are a few citations that will allow you to win DV Act cases.

Before you get into that, read the FAQ compiled by the mother of the flawed DV Act, Indira Jaising and her crooked cohorts of the Lawyers Collective:

Lawyer’s Collective FAQ On PWDVA – 2007

The DV Act is touted as a civil law and a “second chance” by the likes of Indira Jaising. But the fine print says that the proceedings are to be conducted as in criminal cases.

In effect, like all the other things touted by these Feminazis, this is a pernicious law designed to bypass the higher requirements of proof needed for criminal cases like 498A. It is designed to be a wolf in a sheep’s clothing. If you don’t adhere to the orders of a magistrate who is required to pass protection orders for immediate relief, this civil case turns into a criminal case for contempt and then you are really screwed. What makes this law so pernicious is that unlike 498A, which hinges on the sheer terror unleashed by corrupt Indian Police officers to cow the victims, this case can deprive you of the sanctuary offered by your home and can have the entire family tossed out on the street.

I will compile all the judgment related to the DV act here.  If anyone has new judgments, please leave a comment or paste the judgment below in the comments section.

Please start by reading this judgment of Justice Dhingra given below. He interprets Batra Vs Batra and also explains the meaning and rights of shared household and matrimonial home:

Justice Dhingra Explains The Meaning Of Shared Household

If you face the false and fabricated Domestic Violence act, you must know the following:

Crl.P 3714 of 2007 delivered by the Hon’ble High Court of Andhra Pradesh where in it was held

“It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective. There is no allegation either in the report or in the statement or in the complaint on the 1st Respondent with regards to the acts of domestic violence that took place on or after 26-10-2006.Therefore continuation of proceedings against the petitioners is nothing but abuse of process of court”.

I finally got my hands on this judgment thanks to Aejaz_legal, a reader who posted this judgment:

To understand this principle, read this article:

Here is the judgment:

https://ipc498a.files.wordpress.com/2007/10/mp-hc-women-cant-be-respondents-in-dv-act-2007.pdf

Here is another judgment from the Chennai HC stating the same:

https://ipc498a.files.wordpress.com/2008/10/chennai-hc-dv-act-to-be-filed-only-against-male.pdf

Here is the Kapil Rastogi Judgment – Jan/2009, stating the same:

Kapil Rastogi Vs Urvashi: DV Case – 2009

  • 2007(2) ALT (Crl.) 504(A.P) delivered by the Hon’ble High Court of Andhra Pradesh where in it was held “as there is no claim made against the other respondents, continuing process against them is a clear abuse of law”.  I am missing the judgment:
  • I (2007) DMC 1 (SC) = 2007(3) ALT (Crl.) 1(SC) delivered by the Hon’ble Supreme Court of India where in it was held”claim for alternative accommodation can only be made against the husband but not to the In-laws”.

Here is the judgment:  SC judgment, Batra Vs Batra, 2007.

  • Shaleen Kabra DV Act Judgment:  You can read about this story here: A Delhi additional sessions court has ruled that allegations of domestic violence need to be proved and victims need to face cross-examination and provide evidence in support of their charges to be liable for relief. This ruling was upheld by the Delhi High Court. This is marked in red as this blows a hole in the DV Act. The judgments are given below:

PMO Official Accused Of Domestic Violence By Wife

  • Suraj Prakash Vs Sushila. Can anyone translate this and post this as a comment? You’ll be doing the rest of the victims of this filthy act a huge favor.

Here is the judgment (Hindi): Suraj Prakash Vs Sushil DV Act – 2007

Here is the very interesting judgment: Swarup Sarkar DV Act Judgment 2007

  • Sonia Vs Vinod: “A CITY court has dismissed a petition of a woman against her family members on finding she was harassing them, misusing the Domestic Violence Act in the process. Dismissing the complaint, Metropolitan Magistrate Shahabuddin said, “I am prima facie of the considered opinion that the complainant is not cooperating with her in-laws. She prima facie appears to be harassing them on trivial matters”. Complainant Sonia had approached the court in August, alleging her husband Vinod and his mother and sisters used to physically harass her for bringing insufficient dowry The court, however, declined to allow her complaint, asking a number of relief s, including right to residence. “The woman failed to satisfy this court that her husband or any of his other family members had really committed any domestic violence against her”.

Here is the judgment:  Sonia Vs Vinod: Domestic Violence Case

Also, check out Vinayaks blog, link is given below. He has some tips to fight the DV Act:

General Suggestions for victims of DV act

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Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases

Here are the orders of Justice Gambhir. You can read about him here and I very well consider him to be the next Justice Dhingra.

These guidelines follow the Commissioner YS Dadwal order prohibiting 498A arrests in Delhi.

Delhi Police: No 498A Arrests Without DCP’s Permission

There won’t be hordes of radical feminists attacking Justice Gambhir for these guidelines, as they risk being exposed and ridiculed by Indian bloggers affected by 498A.

More later. I’ve been working many hours in my new job and I have been sick since yesterday. Trying to wrap up as many pending posts as possible.

Here is the judgment: Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases

The guidelines are given below:

Guidelines:
1. Social workers/NGO
There is no iota of doubt that most of the complaints are filed in the heat of the moment over trifling fights and ego clashes. It is also a matter of common knowledge that in their tussle and ongoing hostility the hapless children are the worst victims. Before a wife moves to file a complaint with the Women Cell, a lot of persuasion and conciliation is required.
(a) The Delhi Legal Service Authority, National Commission for Women, NGOs and social workers working for upliftment of women should set up a desk in crime against women cell to provide them with conciliation services, so that before the State machinery is set in motion, the matter is amicably settled at that very stage. But, if ultimately even after efforts put by the social workers reconciliation seems not possible then the matter should be undertaken by the police officials of Crime against Women cell and there also, serious efforts should be made to settle the matter amicably.
2. Police Authorities:
(a) Pursuant to directions given by the Apex Court, the Commissioner of Police, Delhi vide Standing Order No. 330/2007 had already issued guidelines for arrest in the dowry cases registered under Sections 498-A/406 IPC and the said guidelines should be followed by the Delhi Police strictly and scrupulously.
(i) No case under Section 498-A/406 IPC should be registered without the prior approval of DCP/Addl. DCP.
(ii) Arrest of main accused should be made only after thorough investigation has been conducted and with the prior approval of the ACP/DCP.
(iii) Arrest of the collateral accused such as father-in-law, mother- in-law, brother-in-law or sister-in-law etc should only be made after prior approval of DCP on file.
(b) Police should also depute a well trained and a well behaved staff in all the crime against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance.
(c) FIR in such cases should not be registered in a routine manner.
(d) The endeavor of the Police should be to scrutinize complaints very carefully and then register FIR.
(e) The FIR should be registered only against those persons against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach of trust.
(f) All possible efforts should be made, before recommending registration of any FIR, for reconciliation and in case it is found that there is no possibility of settlement, then necessary steps in the first instance be taken to ensure return of stridhan and dowry articles etc. by the accused party to the complainant.
3. Lawyers:
Lawyers also have a great responsibility in this regard.
(a) While drafting pleadings/complaints, the lawyers should not unnecessarily suggest incorporation of wild allegations, or in character assassination of any of the parties or their family members whatever the case may be.
(b) Lawyers are also to endeavor to bring about amicable settlement between the parties as they are expected to discharge sacred duty as social engineers in such cases instead of making them target for monetary considerations by multiplying their cases.
4. Courts:
Subordinate courts, be it trying civil or criminal cases concerning bail, maintenance, custody, divorce or other related matters shall in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties.
a) The first endeavor should be for possible reunion and restitution of the parties and as a last endeavor to bring about peaceful separation.
b) If possible extra time should be devoted to such matters to restore peace in the lives of rival parties be it by re-uniting them or even in case of their parting ways.
c) Conciliatory proceedings by the court should preferably be held in camera to avoid embarrassment.
d) Wherever, the courts are overburdened with the work, necessary assistance of Mediation and Conciliation cells should be sought.
Apart from above directions it would not be out of place to ask parties also to themselves adopt a conciliatory approach without intervention of any outside agency and unless there are very compelling reasons, steps for launching prosecution against any spouse or his/her in-laws be not initiated just in a huff, anger, desperation or frustration.

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Terrorist Bombings And 498A

As all of you know, our country has been rocked by bombings again .

The cops have been clueless as to who is behind these bombings and here is something to think about.

These morons in uniform had a significant time since the last set of bombings in Mumbai trains, to try and anticipate and prepare for the next round of terrorist attacks.

I can safely bet that after the initial round of media coverage was over and the last set of bombings faded from the front page, the criminal organisation, also known as the Indian police force (In the words of Justice AN Mulla), went back to business as usual, which included capturing and jailing grand mothers and women in their homes to extort money under ponzi schemes and extortion rackets such as 498A.

We need the appointment of officers like Delhi Police Commissioner YS Dadwal around the country if the Indian Police are serious about combating this menace.

Will they police learn from their past mistakes? Will we ever know who was really behind these bombings ? Will the Indian police force ever learn to truly understand the purpose of their existence and hunt down these terrorists instead of grandmothers living in their homes ?

Shame of these grandmother capturing heroes!!

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Delhi Police Commissioner: No 498A Arrests W/O Permission Of DCP

Folks,

if you remember, YS (Yudhbir Singh) Dadwal was appointed as the commissioner of Police, Delhi, amid a controversy.

Here is a photograph of former Delhi Police Commissioner, YS Dadwal:

I wondered who YS Dadwal was, but had stated that this establishment needs capable officers in key posts in order to continue their ventures without the distractions of issues with Law and Order etc. I was right about this and what came as a pleasant surprise to me is that, after the assumption of office, Commissioner Dadwal publicly stated that he wouldn’t allow the police to be used as instruments of revenge, especially in 498A cases.

This enlightened officer has followed up on his words with actions and has issued standing orders to the effect that no one is to be arrested in 498A cases without the permission of the DCP.

Here is the order in pdf format:

Delhi Police Comm YS Dadwal: No 498A Arrests Without Approval Of DCP (pdf)

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Here is another order from the Delhi police enforcing Justice Dhingra’s Smt Neera Singh Judgment:

What is the impact of Commissioner Dadwal’s order ? In Delhi, this order:

  • Eliminates the need for Anticipatory bail
  • Ensures the 498A can no longer be used to jail entire families and extort money.
  • Eliminates the police as a factor in this extortion racket.
  • Takes away the power to arrest from the morons who infest the Indian criminal justice system. These morons range from the goons in uniform to corrupt lower court magistrates.
  • The lawyers will see a huge source of revenue dry up in the form of the elimination for the need for Anticipatory bail and defense in 498A cases.
  • The Delhi courts will see a drop in the number of cases getting into the filthy sewer known as the Indian Criminal Justice System.
  • The number of final reports filed in Delhi will go up. Read this to know what a final report is: The 498A Final Report Of Film Actor Prashanth
  • Commissioner Dadwal can now focus the energies of the Delhi police force on real issues, such as rapes, traficking of women, terrorist attacks and real crimes, instead of allowing goons in uniform to capture middle aged women and grandmothers in their home in the early morning or the start of the weekend, all in the name of “protecting women”.

This order is in line with the order issued by the AP Police Commissioner, MV Krishna Rao, in 2002. You can read about that order here:

Hyderabad Police: No Arrest In 498A Cases Without Permission Of DCP – 2002

All these orders are based on the Supreme Court Judgment of Joginder Kumar Vs State of UP. You can read about the importance and the rationale behind this judgment here:

Habeas Corpus, Magna Carta And Joginder Kumar Vs State Of UP

That brings me back to Justice Shiv Narain Dhingra, who undoubtedly ranks amongst the greatest judges of India. He wrote (Crl. Appeal No. 696/2004, 01.Nov.2007):

“In all these cases in the name of investigation, except recording statement of complainant and her few relatives nothing is done by police. The police do not verify any circumstantial evidence nor collect any other evidence about the claims made by the complainant. No evidence about giving of dowry or resources of the complainant’s family claiming spending of huge amounts is collected by the police. This all is resulting into gross misuse of the provisions of law.”

You can download this judgment from here:

Justice Dhingra (Crl. Appeal No. 696/2004, 01.Nov.2007)

It is this excerpt that Commissioner Dadwal quotes in his order.

Personally, I feel a sense of satisfaction as I had quoted the same excerpt in the last chapter of The Guide To Surviving IPC 498A.

This is it. For all you folks from Delhi, this signals the end of the extortion racket known as section 498A. For the rest of you in this country, use this to nail the cops who showed up/show up at your door to effect an illegal arrest. We have turned the corner in this fight against this extortion racket known as 498A and against the practitioners of pussy politics, aka, The Feminazis of India.

Update: Aug/16/08

This order has been reinforced:

The Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases

Next steps:

  • Use this to pressure other states to issue similar standing orders for the police to comply with the Joginder Kumar Vs UP judgment.
  • Set a target date to eliminate 498A as an extortion racket and make it bailable and non-compoundable across the country.
  • File compensation for illegal detention against police officers who violated the Joginder Kumar arrest guidelines. If 20 people per state do this, this will break the budgets of the states for law and order and cause the scum in uniform to think twice before entering our homes to terrorize our families to extort large sums of money under the pretext of women protection laws.
  • Prepare to force an amendment to the DV Act to sanitize it and make it gender neural and implementable. This will be the next evil to overcome and give Indira Jaising more reasons to moan about 🙂.

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The 498A Final Report Of Filmstar Prashanth

Prashant 498a Final Report (pdf)

I wrote the 498A Survivor’s Guide as a means to help people defend themselves when caught up in this extortion racket known as Section 498A, IPC. Months after writing it, I was plagued by doubts about whether it was fulfilling its purpose.

In July of 2007 I heard about a 498A case being filed against film actor Prashanth and his family. I read that they had asked the media to spread the word about the survivor’s guide to 498a as it had inspired them to fight. The feedback I received from Prashanth’s case that led me to push on with my efforts.

A few weeks ago, I heard that a final report was submitted and Prashant’s 498A case closed by the Chennai Police as a case of “MISTAKE OF FACT”.

In effect, the Police force has demonstrated that they can investigation.

When a 498A case is registered, there is a rush by the police to shakedown the victims under the pretext of a compromise. If the victims can’t or won’t pay up, the FIR with its litany of lies is transformed into a chargesheet verbatim and filed in unregulated, overburdened and increasingly corrupt trial courts. I have heard of very few instances when the allegations in the FIR were investigated and a final report being filed — closing the case as one without merit. Click here for the flowchart that will give you an idea about how a final report is filed.

It is very likely that Prashanth’s 498A case was investigated into as he and his family chose to fight. It is also likely that the police investigated the allegations as the normal route of transforming an FIR into a chargesheet would have invited scrutiny and brickbats from SIF volunteers .

I had a few reasons for uploading Prashanth’s final report:

  • To show ordinary folks that something called a final report exists.
  • To show them what it looks like, in order to enable them to ask for the same and get the police to INVESTIGATE along the lines of Prashant’s 498A final report.
  • To enable those already chargesheeted to have their cases re-investigated. This can be done by filing RTIs on the investigation conducted by the police. The RTI can be based on this final report. The results of the RTI can be used to petition the police higher ups.
  • To enable ordinary citizens to demand that they be treated equally and that an investigation into a criminal case is not just meant for the famous, the well heeled or the well connected.
  • To raise questions about the investigations, if any, conducted in 498A cases. There are over 60,000 498A cases filed per year, yet the rate of conviction, as per Ranjana Kumari’s organisation is just 2% (Click here for the CSR study on 498a).
  • How did all these cases end up in trial courts? How many of them were truly investigated? How many final reports were filed? Why is there is such a discrepancy in this ratio?

In Prashanth’s case, the final report is 30 pages long, double spaced, and include the allegations.. I will upload the FIR as soon as I get my hands on it. I have read a few FIRs and they all seem to come from a single template. Here are some of the common allegations listed in these FIRs including mine:

  • In-laws preventing the bride from contacting her family – invariably the phone is taken away.
  • Demand for dowry before and after the marriage, and non fulfillment of the demand leading to physical and mental harassment.
  • The bride being thrown out of the matrimonial home with just the clothes on her body.
  • The in-laws locking up the bride in a room.

Here are a few excerpts from the final report. :

  • She was subjected to dental check up and the dentist certified her teeth were in good condition.
  • She further complained that soon after the marriage, when she went to her in-laws house, Mr.Prashanth’s bedroom was not ready and the toilet was very worse. She was forced to stay in the living room. Her mother-in-law and sister-in-law used to harass her for not bringing enough jewellery, sarees and Dowry. Servants were not allowed to wash her clothes and to clean her toilet.
  • Whenever her in-laws leave the house, she was locked inside the house and the watchman was informed not to open the door.
  • She stated that since her passport was not returned to her, she could not take her ailing father abroad for best medical treatment, thereby she had lost her father and alleged that her father died only because of Mr.Prashanth. Hence she filed this complaint to punish her husband, her father-in-law and mother-in-law for the dowry demand, cruelty and harassment and also requested to return the valuable items left at her matrimonial house.

Here is the final report of Prashanth’s 498A case.

Prashant 498a Final Report (pdf)

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Taking Stock After An Year Of Activism

“Feminism in India has no integrity. You can’t trust it”

Madhu Purnima Kishwar

It’s time to reflect.

I was thrust into this mess on account of the ill advised actions of my ex-wife and her conniving father. The 498A was filed as means to force me into a settlement (they had my family in custody) or to take her back and sell myself for the money they offered me. I was never arrested. A charge sheet was never filed after my sister filed complaints against the police for their illegal actions.

I knew about 498A the day I filed for divorce, except, as time went by, I let down my guard and expected her to go her way and not resort to these tricks. I hoped she would gauge the depth of this pile of dung before jumping in. Fond hope on my part.

While my family was in custody and was being terrorized by the police, I looked for info on the web and talked to SIF volunteers. The SIF volunteers were great and were available round the clock. I can’t thank them enough, but, the info given didn’t go very far. I failed to understand the extent and depth of the mess my family and I were tossed into. In short, I was given helpful suggestions, but they were not applicable to my case and my situation.

The info on the web was sketchy at the best and inaccurate at the worst. An example was about the meaning of cognizable*, which was portrayed as the unrestricted power of the police to arrest, which is inaccurate.

*In a cognizable offense, the police are duty bound to register and investigate the complaint. Cognizable does not mean that the police can arrest you upon the filing of the FIR. They are required to investigate as a first step. 498A is a cognizable offence.

After writing a bunch of memos and press notes, enduring the rantings of Ranjana Kumari, Girija Vyas and the random Feminazis of India in the press, I was restless and felt a pervasive sense of not doing enough.

At this point I was introduced to blogging thanks to the idiocy of a bunch of embittered ex-wives, who spewed venom and gloated about the trouble they got their ex-hubbies and their families into. I was enraged over the fact that they felt smug about the plight of their mothers and sisters in law. I started blogging to mock them and developed an appreciation for the possibilities that blogging opens up. As a footnote, I take full credit for shutting them down.

I felt the need for A Guide To Surviving IPC 498A, as at this stage, though I knew and understood a lot, it was obvious to me that there was nothing anywhere that tied it all together or served as a repository of information.

The motivation to educate others about their Fundamental Rights was given by the book by Prof Som K Shah, Faith Belied, which mentioned Joginder Kumar Vs The State Of UP, which, for the first time, detailed the limits on the powers of the police to arrest.

Taking that as a base, I started digging and soon found DK Basu Vs State Of WB and more judgments from the Supreme Court. Initially I focused on the judgments curtailing/defining the powers of the Indian Police. I got pretty good at digging up judgments at Judis.

Around this time, I received a gift from the gods, in the form of a Judgment by Justice Shiv Narain Dhingra, which is now popularly known as the 498A Income Tax judgment. This and the following judgments by him were my first posts.

I put all this together and wrote up the Survivor’s Guide To IPC 498A. I did have some friends proof read it and had to edit it, as my anger was apparent in tone and the choice of words. As an example, I referred to the 498A wives as bitches. Nothing wrong with that, except, when writing, moderation should be exercised, to reach out to a wider audience.

I kept digging through Judis and the web and as I came across relevant judgments and material, I blogged them in order to serve as a repository of information.

By July, I had it all together, but had to wait until November to inaugurate the 498A Survival Kit, as I was having the document reviewed for accuracy by a former IPS officer.

By then, I was burnt out and decided to walk away for a short time. Upon my return, I was able to have the Gujju version up. I also made a major update and uploaded it.

The blog averages over 400 visitors a day and they are from all over the world. Check out the cluster map on the lower right side of this page, to see the spread. It also looks like I may have a small but regular set of readers, though I don’t know who they are.

498A and the associated asinine laws, though formulated with good intentions, are inherently flawed. The establishment has taken advantage of these flaws and it is now an extortion racket feeding the ravenous appetite of the corrupt Indian Police force, the lower judiciary, NGOs like CSR, statutory bodies like the NCW and worse, has become a component of vote bank politics.

Who cares if more than a 100,000 women have been arrested in 4 years, or the Indian criminal justice system is clogged, or the fact that the real victims of domestic violence or dowry harassment will never get justice as the cases will drag on for years due to the numerous frivolous cases that have been filed?

As depressing as this situation seems, the tide is turning.

I have asserted, from the moment that I came across Joginder Kumar Vs State Of UP, that the police have been arresting people in 498A cases in contravention of the orders of the Supreme Court. My stand has been vindicated by the recent emergence of a memo from 2002, by the Hyderabad Comm Of Police, MV Krishna Rao, who forbade any 498A arrests without the authorisation of the DCP of the investigating officer. This is a standing order, in accordance with the Supreme Court judgment. Further vindication came in the form of the Delhi Police Commissioner issuing a circular forbidding 498A Arrests W/O Permission Of DCP

People on the ground are finally questioning the cops about arbitrary arrests and I expect this to spread, especially as the translations in the regional languages come into play.

I have made some lasting friendships in this time of my activism and also had to endure the idiocy of morons. This battle can be fought and will be won, though it will take time.

So how does one fight this hydra headed monster?

As a first step, it must be recognized that it is the radical feminists and crass opportunists of India, who are preventing any kind of a discussion or amendment to this flawed law from taking place. These radical feminists are like the Taliban. They are radical, they are stupid, they are corrupt and they will be defeated. The domestic violence act is their swan song and the sinking of the Sati Law is proof of their diminishing clout.

As a next step, it is essential to re-frame this fight as anything else other than that between men and women. The Feminazis got this far as they successfully portrayed themselves as “Abala Nari” vs the “Rakshas Ravana” .

SIF is fighting this as a way to protect the Indian family structure. The petrol pump scam tainted Girija Vyas, feeling the sting of the inroads made by SIF, is now attempting to claim this mantle. I feel that this issue can also be framed as a fight against corruption in India.

The Feminazis of India are like hyenas and vultures, they feed on the helpless. They have successfully pushed aside respected women rights activists like Madhu Kishwar and have hijacked the cause of the empowerment of women to serve their selfish ends. They are the enablers in setting the corrupt establishment upon vulnerable individuals and families. They play the role of useful idiots for the establishment, in return for access and privilege, and they have the MPs cowed. They have been attempting to intimidate the judiciary with varying degrees of success, under the garb of “gender sensitization”.

The Feminazis haven’t faced organized opposition due to the nature of this problem. This is not oppression of a particular caste, religion, language or sex. This is persecution of small units in this multitude of millions for the purposes of empty propaganda; to claim that the establishment has legislated laws for women, is pro women and thus pandering to a perceived vote bank. In reality, as with everything else, this is empty propaganda which enriches the establishment and nothing concrete is accomplished. If 100,000 women have been arrested in 4 years, you won’t hear a peep of protest as it doesn’t matter. They don’t count as a voting block as they are scattered across the country and so they won’t dent an election. Besides, who really understands fully the pernicious theory of vote-bank politics?. These numbers are a drop in the 500,000,000 women of India. In addition, these persecuted individuals and their families come from the middle and upper middle classes and they are spread out over the country with the only unifying thread being that they have been 498A’d or DV Act’d. Finally groups like SIF, though small in number are unifying and fighting the establishment.

The most prominent Feminazis are unmarried or divorced. Their temperament was never tempered by the pangs of birthing or gazing fondly upon their own flesh and blood, be it a boy or a girl. They want privilege, but don’t want to earn it, but want it handed over under the garb of equality. 498A and the DV Act have nothing to do with womens rights or feminism, these laws are designed to feed on the helpless and unsuspecting.

What do they have to gain from propagating and spreading this misery ? The explanation is simple. It is money, lifestyle, access to power and privilege, a paycheck and I don’t know what else. I can only stoop to a certain level of dirt in terms of speculating about motivation. Regardless they are the beneficiaries of this misery. They are backed up by large amounts of money in funds from the center or from the UN. They have the megaphone and can lock up the print media and the TV channels with their rants and propaganda.

But, alas, they have decisively lost the online battle. An example is the maligning of Justice Dhingra. Before the advent of this blog, anyone who read about him would pass him off as a male chauvinist and a sexist, thanks to the malicious propaganda of Indira Jaising.

I’ve set the record straight and effectively countered Indira Jaising’s mud slinging. She had made it her mission to malign Justice Dhingra at any given opportunity. As a writer with a guaranteed readership of at least 12,000 a month, I assert that Justice Shiv Narain Dhingra can be ranked amongst the greatest judges in the history of our nation. All you need to do is read his judgments, any judgments and you will understand what I mean. Those of us, who’ve been entangled in this mess need to thank the gods for their gift, in the form of this great judge.

I work hard, stay fit and have loads of fun and I don’t believe that I will ever marry again. My ex-wife gave me a precious gift, a gift so precious that few men would have ever received it. This is the ability to live alone and endure with ease, the pangs of loneliness. On the occasions that I felt it, all it took was a recollection of my life with her, of her nagging, her threats and accusations of incest and the blackmail she subjected me to, and I am back on my feet.

There is a lot to do, and I am an idea factory, but often, just like Cassandra, my words fall on deaf ears and I feel frustrated at the stupidity. This is the reason for the existence today of the 498A Survival Kit. Fortunately, unlike Cassandra who ended up as a slave to the Greeks, I’ve been gaining in credibility and being listened to. The biggest example of this is the widening recognition of the importance of Joginder Kumar Vs State of UP, as a cornerstone of defense against arbitrary arrest by the 498A accused and activists.

As I drift away to resurrect my once promising career, I leave with a hope that I may have laid a foundation.

Getting back to the 498A wives, here is a song, whose message their parents should have drilled into their stupid heads: Itna Nazuk Na Bano.

I want to share with you the approach I took to get through my darkest days.

When ever you feel overwhelmed and unable to go on, just remember this, get through today and wait for tomorrow. Tomorrow will dawn, glorious and bright, and you can pick up where you left off, filled with energy after a night’s rest.

The 498A wives have a biological clock ticking. Each day you’ve gained is a day they’ve lost. Run out the clock on them. This is the way to beat them.

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Steps To Get Anticipatory Bail After You Are Hit By 498A!!

Here is the link:

Steps To Get Anticipatory Bail After You Are Hit By 498A!!

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The Guide To Surviving IPC 498A Updated !

Folks,

I updated the document/e-book to reflect the new judgments and added the following:

  • Table Of Contents for chapter 1
  • What is AB?
  • Passport cannot be impounded judgment
  • Delhi HC RTI judgment
  • Mentioned AP police memo on NO Arrests- (Joginder Kumar Vs State Of UP)
  • Expanded On Jurisdiction
  • Explained Quash petitions
  • Interrogation tactics used by cops
  • NRI cases jurisdiction
  • Case lost in foreign court cannot be re-fought in India
  • Compounding a non compoundable case

In addition, the document is fully bookmarked for easy navigation in Adobe Acrobat. Please enable bookmarks to make it easier for yourself to navigate.

Here is the link to the document:

A Guide To Surviving IPC 498A

The rest of the material is here:

The 498A Survival Kit

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Over 27,000 Women Arrested Per Year Under 498A Cases

Here is a revelation.

There are approximately 27,000 women being arrested per year in 498A cases a majority of whom are acquitted.

I gathered this from the statistics published by the NCRB. Here is the data from 2004-2006.

NCRB Data On The Women Arrested Under 498A

How can one call 498A a law meant to protect women ?

498A Women Arrested stats

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Hyderabad Police: No Arrests In 498A Cases Without DCP’s Permission – 2002

In 2002, Jt Comm Of Hyderabad’s Police, MV Krishna Rao, issued a standing order prohibiting arrests in 498A cases without the DCP’s permission. Despite this order issued a decade ago, thousands of Hyderabadis have been arrested since 2002. Though I heard about this order in 2006, I wasn’t able to get my hands on a copy till 2008. The Hyderabad police kept this order under warps as 498A is the single largest source of revenue for them. This standing order forbids the arrest of anyone accused in a 498A case without the written permission of the DCP. It was issued to all SHOs as well as the officers manning the Women’s Police Stations in Hyderabad. The order was never revoked as it follows the letter and spirit of the Indian Supreme Court Judgment, Joginder Kumar Vs State Of UP  – 1994.

Immediately after an arrest, a tidy sum is extorted from the accused through a negotiation to “settle the case”, as the accused are bewildered,  frightened, and can be coaxed into coughing up the cash.  If they are unable to pay and settle the case, they end up running around courts for years to come.

This is the reason an arrest must be prevented in 498A case. The circulars posted here will help in preventing arrests.

Unfortunately, arrests are continuing in 498A cases and women’s police stations are the ones, I believe, that are effecting the most arrests. It’s time to nail these morons who are ignoring these orders and committing gross violations of fundamental rights.

The order says:

The AP DGP also issued an order in 2008 prohibiting 498A cases in 2008.

Here is the pdf of the order of the Police Commissioner:

  1. Hyd Comm Of Police Memo Against Arbitrary Arrest (pdf)
  2. Click here for the jpg of the same order.
  3. Click here:  AP DGP’s Circular Ending 498A Arrests Across the State

The proof that these orders can be used to prevent arrests is given by a comment left by a visitor. See the note left by Kondaiah pasted below:

If you were arrested, please use the RTI template below to request a copy of the DCP’s order authorizing an arrest along with the supporting documentation listed in the MV Krishna Rao order. I am certain that it won’t exist.

If you are threatened with an arrest, then inform the cops that once you are released, you will file an RTI requesting the DCP’s authorization to arrest, along with the supporting documentation listed in the MV Krishna Rao order.

The AP Police are supposed to follow a process of investigation when 498A cases are filed. Click on the link below for the procedures they are supposed to follow:

Here’s more information on the AP DGP’s order. I got my hands on it fairly quickly. Here’s a  report about it in the Deccan Chronicle:

Hyderabad, Jan. 21: The director-general of police, Mr K. Aravinda Rao, on Friday issued a circular to all police stations in the state asking them to release those accused from police station itself in cases where the imprisonment is below seven years.

The circular was issued as part of implementing criminal procedure code. Several police stations in the city had already got the circular and are going through it. This is a major decision. Till now the police has been arresting and remanding the accused to court.

The decision is likely to cause unrest among lawyers as there will be less bail pleas. Till now, imprisonment up to three years was bailable at the police station. A case like rash and negligent act leading to road accidents, adultery, dowry harassment will be bailable at the police station without the accused being sent to jail.

Here is the AP DGP’s order ending arrests in 498A cases. Click on the image below to download the order in pdf:

Unfortunately, Hyderabad’s cops have found a way to circumvent this order. They are getting pliant magistrates to issue warrants for arrests in 498A cases. These warrants are illegal — as are automatic remands by magistrates. Read the post below for more info on the Powers of a magistrate to issue orders for arrests or remands:

Justice Regupathy, Chennai HC: Mechanical Judicial Remand Is ILLEGAL

Note: Though the CrPC amendments curtail the powers of the police to arrest, but they are not being followed by the police. Click on the post below:

Kerala Police Circular on CrPC Amendments

There’s more info below,  if you are interested, such as a circular from Delhi’s police commissioner, issued in 2007.

Delhi Police Commissioner: No 498A Arrests W/O Permission Of DCP

You can watch the NDTV coverage about the Delhi order with Swarup Sarkar’s Interview here

Both these orders quote from  Joginder Kumar Vs State Of  UP. You can read about the significance of this judgment here:

Magna Carta And Joginder Kumar Vs State Of UP

The CBI’s manuals on arrests also mention Joginder Kumar Vs State Of UP.  Here are the CBI’s manuals. I combined the relevant ones into a pdf:

Selected CBI Manuals on Procedures and Arrests

Here are some misc circulars (can’t remember why I uploaded them here):

Finally, to re-cap, here is a jpg of the MV Krishna Rao order:

No Arrest Without Permission Of DCP In 498A Cases - 2002

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A Gujarati Guide To Surviving IPC 498A

This is a translated, though slightly older version of the popular Guide To Surviving IPC 498A.

Download the pdf here:

A Gujarati Guide To Surviving IPC 498A (pdf)

All the supporting material in the form of judgments, etc, in English, are here:

The 498A Survival Kit

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SurvivingInfedelity.Com

Here is the link to the site:

http://survivinginfidelity.com/

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SC-Maintenance From Parents In Law Cannot Be Claimed By DIL – 2008

Here is the judgment: SC-Maintenance Cannot Be Claimed By DIL – 2008

Parents-in-law can’t be forced to maintain daughter-in-law:

The Supreme Court has ruled that a woman, if neglected by her husband, cannot eye her mother-in-law’s property for getting maintenance. Maintenance of a married woman is her husband’s personal obligation and the property in her mother-in-law’s name can never be the subject matter of the obligation to maintain a daughter-in-law even after the death of her husband, said a Bench comprising Justices S B Sinha and V S Sirpurkar. A woman lawyer, who had filed several cases against her parents-in-law in Chincholi, Karnataka, had even taken recourse to litigation to see that their property was auctioned for getting the maintenance she was entitled to from their son. Disapproving the extra-legal arguments taken by her and deprecating the trial court and the Karnataka High Court overstretching the law as well as their jurisdiction to go by her pleadings, the Bench said a woman could seek attachment of properties only if her husband had a share in it. This means, if the parents-inlaw’s properties were self-acquired and not inherited, then their daughter-in-law could institute suits seeking attachment of those properties which stood in the name of her husband and not against those owned by his parents. Referring to the plea of the daughter-in-law, Sonalben, the Bench said she might be entitled to maintenance from her husband and the decree in her suit could only be against his properties. “The decree, if any, must be executed against her husband and only his properties could be attached for that but not of her mother-in-law,” said Justice Sinha, writing the judgment for theBench. Referring to the HC order, which was challenged by mother-in-law Vimlaben, the apex court said it suffered from “total non-application of mind” and was “wholly unsustainable”.”

The said orders might have been passed only on consideration that Sonalben is a harassed lady, but the fact that Vimlaben is also a much harassed lady was lost sight of (by the HC),” the Bench said. Directing release of the attached properties to Vimlaben, the court directed Sonalben to give Rs 50,000 to her mother-in-law as cost of litigation.

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AP HC Acknowledges The Abuse Of 498A – 2007

Here is a great judgement from Justice Swaroop Reddy Of the AP HC. He basically acknowledges the abuse of 498A going on in the country and in the state.

Here are some excerpts:

  • 8. Before parting with the petition, I feel it desirable to observe that there is rampant misuse of S.498-A IPC. False complaints are given against kith-and-kin of the husband, including the married sisters and their husbands;unmarried sisters and brothers and married brothers and their wives. There are instances where even young children, aged below ten years, were also implicated in the offences of this nature. My experience, while sitting in matrimonial Bench revealed that several families are ruined; marriages have been irretrievably broken down and chances of reconciliation of spouses have been spoiled on account of unnecessary complaints and the consequent arrest and remand of the husbands and their kith-and-kin. To discourage this unhealthy practice, it is desirable that anticipatory bail is granted very liberally in all cases of S.498-A IPC, particularly when the petitioner/accused is not the husband of the complainant and when the allegations are not very specific and prima facie do not inspire confidence.
  • 9. Section 498-A IPC is incorporated by the Legislature basically in the interest of women and to safe guard them from harassment. But, it has become somewhat counter productive. In several cases, women are harassed, arrested and humiliated on the complaints given under section 498-A IPC. The truth or otherwise of the allegations is subject to proof. For giving complaint absolutely no authentic and prima facie material like medical evidence is required, but on such complaints, in several cases, number of women are being arrested. In cases of arrest of married young women, they might face problems from their husbands and in-laws; in case unmarried women are arrested their marriage prospects would be badly affected and if government servants are arrested their service prospects are affected. In the present case, only one woman is the alleged victim; but at least four women might have to go to jail even before trial, effecting their reputation, subjecting them to rude treatment at Police Station etc.
  • 10.Only in cases where, strong and authentic evidence like letters written by the accused-husband to the spouses or their parents etc., are available and where there is sufferance of serious injuries or death of the victim only, perhaps, it is desirable to refuse anticipatory bail, that, too, for the accused-husband. Another important aspect is in this type of cases; there is no chance of witnesses turning hostile or being influenced by the accused, as the witnesses would invariably be the kith-and-kin of the alleged victim like herself and her parents etc.These aspects have to be kept in view, while dealing with the cases of anticipatory bail/bail in cases of offences involving section 498-A IPC.

Here is the judgment:  AP HC Acknowledges The Abuse Of 498A

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SC Clarifies Sections 406 And 498A – 2007

Excerpts:

  • According to Section 406 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which dominion or control is acquired by the accused. The second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )
  • We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of Rs. 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned.

Here is the judgment: SC Clarifies 406 And 498A-2007

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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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