Archive for the 'Corruption In India' Category

Indira Jaising Was Paid US $1,40,000 For “Staying Alive”

Folks,

I have always maintained that pussy politics is a very profitable venture.

How profitable?

A whopping US $1,40,000 or Rs 60,00,000 Lakhs (approx) a report profitable.

What am I talking about ?

Staying Alive for a $1,40,000 is what I am talking about.

Okay. Still didn’t get it?

You will…

On the first anniversary of the “clumsily drafted” domestic violence act, Indira Jaising had moaned  that an year after the law to protect women from domestic violence was enacted, it was being defeated by social prejudice, blindspots, brickbats from bloggers and searing criticism from the Justices of the Supreme Court in the form of Batra Vs Batra, 2007.

If you don’t know who Indira Jaising is, check out her resume to get an Idea:

Jaisin’s Bio

And here’s her picture:

In an article published in the Indian Express, titled Family against woman, she wrote that:

“One year is an appropriate time to evaluate the functioning of a law. However, there are no systems to do this on a systematic basis since there are no computerised data bases of orders and judgments. Given this, the Lawyers Collective, which was largely involved with this law in its formative stages, undertook the task of evaluating enforcement, using available data. The chief justice of India facilitated the collection of data from different high courts. Our report, ‘Staying Alive’, is based on this.

I started to read the report and realized it was nonsense. Bored me to death. (You can’t download the report as the Unifem link is dead)

Here is copy from 2012:

http://www.lawyerscollective.org/files/Staying%20Alive%205th%20M&E.pdf

I wondered about the time spent on developing this report; the pretty graphics to adorn it; the money spent on it. It must have taken many man hours to write that report and I am sure that unlike us activists, the practitioners of pussy politics don’t do things for free. After all, their livelihood is based on peddling slogans about “protecting women”.

To illustrate, A Guide To Surviving IPC 498A has been downloaded close to 100,000 times as of today. I wrote it at no cost except for the investment in time.

That brings us to the question. How many people do you think would have read ‘Staying Alive’? Ain’t that a colossal waste of cash?

I actually thought (for a short while) that she did it for free as part of her commitment to women’s issues. I can get a little delusional at times !

Here is a revelation.

UNIFEM paid the Lawyers Collective (meaning Indira Jaising) a whopping $1,40,000.00 US Dollars to write that report. That means Rs 60,00,000.00 (approx).

To truly understand the meaning of this princely sum, I want you to ask yourself if you’ll ever see that kind of money in your life, in one cheque, and for doing just one task.

I know that I won’t.  At least for not indulging in pussy politics.
Think about it this way: can you imagine the Chief Of Army Staff walk away with Rs 60,00,000 upon retiring, and after putting in 30+ years in the country’s service?

What about your neighborhood bank manager. Can you see him walk away with half that amount in his PF fund ?

And here is my question. What did she do with all that money? Please don’t tell me that the shoddy report consumed all the $1,40,000.00 US Dollars !

Here’s a snippet from the report: 

Here is the UNIFEM annual report that shows the breakdown of payments. The payment to Indira Jaising’s Lawyers’ Collective is on page 23:

http://www.unifem.org/attachments/products/AnnualReport2006_2007_eng.pdf

Here is the extracted page that shows the funding received by the Lawyers Collective:

Lawyers Collective UNIFEM $140K USD Payment For Report (extract)

Indira Jaising is the architect of the clumsily drafted Indian domestic violence Act whose most egregious provision is the right to residence.  She has been paid to do an assessment on her own work. Would you expect her to do an impartial assessment and not paper over the flaws in the law affecting the rights and lives of millions ?

Where is the integrity in this process?

Since we are talking about Indira Jaising,  I think you need to know about she said about the Indian police force.  See the article below:

Indira Jaising: “Torture And Police Brutality Are Endemic In India”

She should know. She enabled the extortion of Rs 40 Lakhs from an NRI  by aiding the jailing of his Delhi resident sister in a Calcutta jail for a month. The jailed lady was released after her NRI brother paid Rs 40Lakhs to his estranged wife. You can read about this here:

And did anyone wonder why the woman was jailed though she didn’t commit any crime…?

Hey ! What about due process rights of the jailed lady protected in Joginder Kumar Vs State Of UP? Did Indira Jaising think about the seminal judgment of the Supreme Court or for an instant?

And this egregious action was done by a supposed defender of Human Rights  and a constitutional lawyer !!

Aaaaaaahhhhhh!!

This is what pussy politics is about folks. The practitioners scream and shout about women’s right, but in reality, there is nothing done to empower women. There is nothing noble about this.  It is a business — a very profitable business where $1,40,000 can be paid for producing a silly report!!!

Is it a wonder that there is such a strong opposition by Indian pussy politicians to the amendment of 498A and the domestic violence act ?

Darn !

I am on the wrong side of pussy politics. There is a load of money to be made + the perks and lifestyle and access to power and privilege. All you need to do is shout yourself hoarse and claim your commitment to “womens issues” and play ostrich to the fact that over a 1,20,000 women have been illegally arrested by the corrupt and brutal Indian police since 2004.

It’s no wonder that the Indian police force is jumping on this  gravy train too, all in the name of protecting women

I leave you with what Madhu Purnima Kishwar has to say about feminism in India:

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

She is sooooo right !!!

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Joginder Kumar Vs State Of UP – 1994

For reasons unknown, I decided to revisit, possibly, the most important judgment ever delivered by an Indian court.

These words of  Justice MN VENKATACHALLIAH renewed my determination to fight.

No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do.

Here is this seminal judgment again, reformatted and presented anew:

Joginder Kumar Vs State Of UP – 1994

Original link to Judis: http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=11479

Given below is the 3rd report of the National Police Commission that this judgment draws on:

Third Report Of The National Police Commission (From BPRD)

Also given below is a fragment of the First Police Commission:

First Report Of The National Police Commission (Fragment From BPRD)

Compliance orders:

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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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Purging The Police Ranks In UP

Here is the link to the article. What is remarkable is the fact that most of the jobs in the police force were obtained by bribing the recruiting officials. This shows the endemic rot within the system.

These are the morons that are supposed to handle domestic disputes like 498A.

Here is an excerpt: “It is no secret that, throughout India, some candidates hoping to join the police pay to secure a post. The starting salary for a police officer in Uttar Pradesh is 3,500 rupees a month – a low wage by Indian standards. But if an officer can supplement his income by taking bribes, the relatively high entry fee could be seen as a sound investment.”

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Penal Provisions Pertaining To Bribery And Corruption

I got this from the website of the CVC.

It is important to remember that a public servant charged with corruption is presumed to be guilty.

Here is the document: Penal Provisions Pertaining To Bribery And Corruption

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SC: Reservation Has To Pass The Test Of Rationality, Fairness

Looks like the SC is sticking it to the morons in the govt who came up with this half brained idea.

Here is the link to the article from TOI:

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Death In Custody: SC Criminal Appeal – 1985

This case is prior to Joginder Kumar Vs State of UP. I am posting this just to highlight the poignant tale of Brijlal who was arrested without any justification and whose death was caused by custodial violence.

Here are two excerpts:

  • “It is notorious that remand orders are often passed mechanically without a proper application of mind. Perhaps, the Magistrates are not to blame because, heaps of such applications are required to be disposed of by them before the regular work of the day begins. Shri Nigam has to be complimented for the sense of duty and humanity which he showed in leaving his seat and going to the verandah to see an humble villager like Brijlal. It is obvious that he was led into passing an order of remand on the basis of the usual statement that the offence of which the accused was charged was still under investigation. What is important is that Brijlal had not committed any offence at all for which he could be remanded and, far from being an accused, he was in the position of a complainant. Respondent 1 was the architect of his remand and the motive for obtaining the remand order was to keep”
  • “Before we close, we would like to impress upon the Government the need to amend the law appropriately so that policemen who commit atrocities on persons who are in their custody are not allowed to escape by reason of paucity or absence of evidence. Police Officers alone, and none else, can give evidence as regards the circumstances in which a person in their custody comes to receive injuries while in their custody. Bound by ties of a kind of brotherhood, they often prefer to remain silent in such situations and when they choose to speak, they put their own gloss upon facts and pervert the truth. The result is that persons, on whom atrocities are perpetrated by the police in the sanctum sanctorum of the police station, are left without any evidence to prove who the offenders are. The law as to the burden of proof in such cases may be re-examined by the legislature so that hand-maids of law and order do not use their authority and opportunities for oppressing the innocent citizens who look to them for protection. It is ironical that, in the instant case, a person who complained against a policeman for bribery, was done to death by that policeman, his two companions and his superior officer, the Station House Officer. “

Here is the judgment: Death In Custody: SC Criminal Appeal From 1985

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Delhi HC Bail Orders

Here are some of the old 498A bail orders of the Delhi HC. You can see how frivolous some of these 498A complaints are. The reason for collecting these bail orders is primarily to show the stupidity of the prevailing situation in our country. This is a tiny fraction of some of the old bail orders from just one High Court of our country. Can you imagine the scale of the abuse of this law happening across the rest of the country?

Think of the local courts, district courts, High Courts and the cases that reach the Supreme Court. Think of the court time wasted in processing these frivolous cases. Think of the lives destroyed of ordinary citizens entangled in the slow Indian criminal justice system, due to badly framed and implemented laws such as 498A.

Do you think a real victim of dowry harassment can get justice if her complaint lands among this pile of frivolous complaints? Who would have the time to investigate her complaint and bring the culprits to justice? The cops won’t. The courts are choking with frivolous complaints that it will take ages before her case concludes.

Under these circumstances, Justice will be delayed and in such circumstances, justice is denied.

The four factors, which are relevant for considering the application for
grant of anticipatory bail, are
:

  1. The nature and gravity or seriousness of accusation as apprehended by the applicant;
  2. The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
  3. The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
  4. The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

Most of the following bail orders are by Justice Pradeep Nand Rajog.

You can read about him here: http://delhihighcourt.nic.in/pra_rajog.htm

All the bail orders are in pdf format:

  1. Bail Denied To 498A Accused. Trend Noted
  2. Bail For In-Laws Of Deceased
  3. Bail For Mother In Law Of Deceased
  4. Bail For Sister In Law Of Deceased
  5. Bail Granted Airline Baggage Case
  6. Bail Granted General Complaints
  7. Bail Granted Hubby Disappears
  8. Bail Granted-Hubby Gives Maintenance
  9. Bail Granted-Saudi Arabia
  10. Bail Granted-Wishy Washy Complaint
  11. Bail Granted-Blue Films
  12. Bail Granted-Kerosene-Hubby-Ready-To-Reconcile

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Governance And Right To Information

A blog I came across: http://egovernance.wordpress.com/

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An Example Of A Writ Mandamus-The Shankaracharya Case

I had written about restraining a police officer from abusing his powers in a previous post

Here is the excerpt from the judgment from that post that explains writ mandamus:

“It appears to us that, though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power”

I was looking for a good example of a judgment in response to a writ mandamus petition. I found a great example. This is the case of the Kanchi Shankaracharya who got entangled in a criminal case.

Looks like the police froze the accounts of the trust he runs and subsequently, the writ mandamus was filed and upheld by the Chennai High Court.

The Hon’ble judge says:

“Prof.Wade, in his magnum opus “ADMINISTRATIVE LAW”, (9th Edition – Page 343), observes as follows, while dealing with “Restriction of Discretion”: ” The first requirement is the recognition that all power has legal limits. The next requirement, no less vital, is that the courts should draw those limits in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen. Parliament constantly confers upon public authorities powers which on their face might seem absolute and arbitrary. But arbitrary power and unfettered discretion are what the courts refuse to countenance. They have woven a network of restrictive principles which require statutory powers to be exercised reasonably and in good faith, for proper purposes only, and in accordance with the spirit as well as the letter of the empowering Act.”

I am adding this here, as the cops play the role of the intimidator, bounty hunter, goon and extortionist in almost all 498A cases. A writ mandamus is one of the means to put them in their place. If you need more convincing, re-read the excerpt from the judgment above.

Here is the judgment: Chennai HC: An Example Of A Writ Mandamus

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The Judgments Of Justice Shiv Narain Dhingra

Matrimonial home is  not just a building made of bricks and walls. It is a home/place comprising of sweetness of relations of family members and elders, full of blessing.

-Justice Shiv Narain Dhingra

Justice Dhingra was a judge of the Delhi High Court. I learned about him from an article written by the Indian feminazi, Indira Jaising, to tarnish his reputation. As I read his judgments, I realized that he is an upright judge and Indira Jaising was maligning him with some silly but vicious motive.

Here is the link to that article by Indira Jaising: “It was a crime that I was born a woman”.

While talking about Indira Jaising, click here to know what she did to a lady in violation of article 21 of the Indian Constitution, and in disregard of the right to due process (Indira Jaising had a woman whose brother was having marital issues jailed. The lady was released after her brother paid his estranged wife $100,000).

Read this article to know more about Justice Dhingra:

http://www.rediff.com/news/mar/17rai3.htm

The same in pdf format if it disappears:

Rediff on the NeT: The judge who took on Parliament and politicians

Justice Dhingra took many steps to end the extortion in the name of Section 498A in Delhi. He started with the judgment that changed it all:

Smt Neera Singh (498A Income tax) Judgment of 2007.

Here is a post with what additional details I could find about him:

Justice SN Dhingra

Here’s his Linked in profile:

http://in.linkedin.com/pub/shiv-narayan-dhingra/29/293/597

The residents of Delhi have a lot to thank this judge for. Read the article below to understand what I mean:

Here is a collection of some of his most relevant judgments for fighting 498A cases. For the beleaguered lot entangled in 498A cases across India, these judgments are a gift from a god.

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Decline Of Basics Of Good Governance

Here is the article from The Hindu from 2002

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The Ashish Marwah Bail Order

Ashish and his family are among the multitude of Indians against whom the law is being used to settle scores. Fortunately, it looks like the courts are taking note of this.

I am posting his bail order where the magistrate specifically says, and I quote:

“During the course of arguments I find that each of the accused/applicants are ready and willing to settle the matter but it is only the applicant/wife who is adamant. She wants to ensure that each of the accused/applicant must go to jail.”

The bail order is in pdf form. It is a little grainy and hard to read and I had to sharpen it. It is 400Kb in size.

Here is the Ashish Marwah bail order: Ashish Marwah Bail Order (pdf)

Here is a Hi Res jpg if the pdf has problems (270Kb):

Ashish Marwah Hi Res

Here is the same bail order in jpg format 90Kb in size:

Ashish Marwah-JPG

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Women Misuse DVA To Get Even With Spouses

An article from Deccan Chronicle.

I don’t have a link, just a scan of the article: Deccan DV Act Misuse


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Corruption

The abuse of 498A is basically a symptom of the endemic corruption at all levels of Indian public life.

Here are a bunch of links relating to corruption:

A Guide To Indian Laws

Here is the link: A Guide To Indian Laws

Also some other links:

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Police Can Arrest On Magistrate’s ‘order’: Mumbai HC

Here is the article

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What Does An FIR Form Look Like?

I found this at the NCRB site. The forms are possibly translated into regional languages. This is a 21 page document, so be patient while it loads.

Here is the english version of an FIR from the NCRB site

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Global Warming And Indian Glaciers

Things across the globe are getting worse:

Here is the ink: http://www.washingtonpost.com/wp-dyn/content/article/2007/10/21/AR2007102100761.html?hpid=topnews 

Looks like our PM is paying attention to climate change:

Prime Minister chairs meeting on climate change

The Prime Minister, Dr. Manmohan Singh chaired the first meeting of the National Council on Climate Change. The Prime Minister directed the Planning Commission to incorporate clean development strategies into the sectoral plans and proposals for the Eleventh Plan and to make a strategy to deal with climate change an intrinsic part of the Eleventh Plan strategy. The Prime Minister said that the Government would launch a major aforestation programme called “Green India” to convert six million hectares of degraded forest land into green areas. The Prime Minister also called for a long-term strategy to deal with glacial melting of the Himalayas. The meeting decided that a national strategy paper on climate change will be prepared before the end of the year. Participants at the meeting emphasized the need for funding research on impact of climate change including research on management of impact of droughts and floods on crop production and urban planning. Participants emphasized the vital importance of encouraging public transportation in urban areas, reducing dependence on fuel inefficient technologies. Emphasis was placed on collection of reliable data, funding of research for analyzing the data and implementation of practical programmes to improve energy efficiency and reduce wasteful use of natural resources.
The National Council on Climate Change has been asked to come forward with a national strategy that protects India’s developmental goals and interests while at the same time addressing concerns, both at home and abroad, with respect to global warming and sustainable development.Here is an article that explains the effect of global warming on our glaciers:

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July 17, 2007 Glaciers in Retreat By SOMINI SENGUPTA

ON CHORABARI GLACIER, India — This is how a glacier retreats. At nearly 13,000 feet above sea level, in the shadow of a sharp Himalayan peak, a wall of black ice oozes in the sunshine. A tumbling stone breaks the silence of the mountains, or water gurgles under the ground, a sign that the glacier is melting from inside. Where it empties out — scientists call it the snout — a noisy, frothy stream rushes down to meet the river Ganges. D.P. Dobhal, a glaciologist who has spent the last three years climbing and poking the Chorabari glacier, stands at the edge of the snout and points ahead. Three years ago, the snout was roughly 90 feet farther away. On a map drawn in 1962, it was plotted 860 feet from here. Mr. Dobhal marked the spot with a Stonehenge-like pile of rocks. Mr. Dobhal’s steep and solitary quest — to measure the changes in the glacier’s size and volume — points to a looming worldwide concern, with particularly serious repercussions for India and its neighbors. The thousands of glaciers studded across 1,500 miles of the Himalayas make up the savings account of South Asia’s water supply, feeding more than a dozen major rivers and sustaining a billion people downstream. Their apparent retreat threatens to bear heavily on everything from the region’s drinking water supply to agricultural production to disease and floods. Indian glaciers are among the least studied in the world, lacking the decades of data that scientists need to deduce trends. Nevertheless, the nascent research offers a snapshot of the consequences of global warming for this country and raises vital questions about how India will respond to them. According to Mr. Dobhal’s measurements, the Chorabari’s snout has retreated 29.5 feet every year for the last three years, and while that is too short a time to draw scientific conclusions about the glacier’s health, it conforms to a disquieting pattern of glacial retreat across the Himalayas. A recent study by the Indian Space Research Organization, using satellite imaging to gauge the changes to 466 glaciers, has found more than a 20 percent reduction in size from 1962 to 2001, with bigger glaciers breaking into smaller pieces, each one retreating faster than its parent. A separate study found the Parbati glacier, one of the largest in the area, to be retreating by 170 feet a year during the 1990s. Another glacier that Mr. Dobhal has tracked, known as Dokriani, lost 20 percent of its size in three decades. Between 1991 and 1995, its snout inched back 55 feet each year. Similar losses are being seen around the world. Lonnie G. Thompson, a glaciologist at Ohio State University, found a 22 percent loss of ice on the Qori Kalis glacier in Peru between 1963 and 2002. He called it “a repeating theme whether you are in tropical Andes, the Himalayas or Kilimanjaro in Africa.” The Chorabari, sweeping down from Kedarnath peak across 2.3 square miles, is relatively lucky. It is blessed with a thick cover of rocks and boulders, which acts as a sort of insulation and slows the melting. Since Mr. Dobhal began collecting data here in 2003, the Chorabari has been shedding its weight — that is to say, melting faster than the rate at which snow and ice accumulates, and as a result, thinning out by roughly five feet each year. The snow line, in addition, is gradually moving higher. A vast and ancient sheet of ice, a glacier is in effect the planet’s most sensitive organ, like an aging knee that feels the onset of winter. Its upper reaches accumulate snow and ice when it is cold; its lower reaches melt when it is warm. Its long-term survival depends on the balance between the buildup and the melting. Glaciers worldwide serve as a barometer for global warming, which has, according to a report this year by the Intergovernmental Panel on Climate Change, been spurred in recent decades by rising levels of greenhouse gas emissions. Even the Himalayas have grown measurably warmer. A recent study found that mean air temperature in the northwestern Himalayan range had risen by 2.2 degrees Celsius in the last two decades, a rate considerably higher than the rate of increase over the last 100 years. In its report, the international panel predicted that as these glaciers melt, they would increase the likelihood of flooding over the next three decades and then, as they recede, dry up the rivers that they feed. “In the course of the century,” it warned darkly, “water supply stored in glaciers and snow cover are projected to decline, reducing water availability in regions supplied by meltwater from major mountain ranges, where more than one-sixth of the world population currently lives.” India’s public response so far has been to blame the industrialized world for rising emissions and resist any mandatory caps of its own. India’s per capita share of emissions is one-twentieth that of industrialized countries, the government points out, going on to argue that any restrictions on emissions would stunt its economic growth. And yet, as critics say, India’s rapid economic advance, combined with a population of more than a billion people, will soon make it a far bigger contributor to greenhouse gases. More to the point, India stands to bear some of the most devastating consequences of human-induced climate change. The dearth of scientific knowledge adds to the alarm. River flow data is so scant and recent that it is impossible for scientists to predict how the current rates of glacial retreat will affect river volume. To spend a couple of days with Mr. Dobhal, 44, a glaciologist with the Wadia Institute for Himalayan Geology, a government-sponsored research institution based in the North Indian city of Dehradun, is to understand why there is not more research on these glaciers. It is lonely, time-consuming work, equally demanding of body and mind. Mr. Dobhal’s days begin inside a tent, not particularly well-suited for such chilly heights, usually around 5:30, with prayers and a cup of hot tea. This morning’s journey is just above the base camp, to about 12,800 feet, where Mr. Dobhal must install a set of crude bamboo rulers to measure the undulations of the ice. The drilling machine in this case is a steady hiss of steam that comes out of a steam machine carried on the back and inserted into the glacier through a long, narrow pipe. Mr. Dobhal drives it slowly, expertly through the solid black ice, taking care to drill an absolutely straight 13-foot-long hole. When it is done, the bamboo pole slides in effortlessly. When he is finished, there will be 40 such stakes up and down the Chorabari, in the upper reaches where the ice accumulates in winter, all the way down to where the snout spills its meltwaters. Over the next months, the stakes will record the rise and fall of the ice — in other words, changes in the glacier’s total mass. Downstream, where the glacier’s meltwater becomes what is known as the Mandakini River, comes another set of crucial measurements. Six times a day, Mr. Dobhal and his aides, all ethnic gurkhas from Nepal, measure the depth of the water and the speed at which it flows. It is a remarkably simple experiment, like one you might do for a high school science fair. A square wooden paddle, attached to a string, is floated down the channel. A stopwatch measures how long it takes to travel 23 feet. “This will tell me how much water we are getting from one glacier and at different seasons — how much in summer, how much in winter, how much in the rainy season,” was Mr. Dobhal’s explanation. Think of the glacier as a bank account, Mr. Dobhal offered. If its total volume — as measured by the stakes installed in the ice — is “how much we have in the bank,” then the flow of the Mandakini is like the dividends being released for everyday use. Mr. Dobhal’s days follow a relentlessly measured pattern. Every day, he is back at the base camp no later than 2 p.m., which is when the risk of an avalanche grows. Even in summer, there are fluke snowstorms; one in late May kept Mr. Dobhal and his crew up all night, brushing snow off the tops of their tents. Tourists and trekkers rarely venture up to these heights. Every once in a while, a Hindu monk can be seen foraging for firewood. Mr. Dobhal met one last year, meditating inside a cave. Even the wildlife is limited to bears and mountain rats. Most evenings are spent listening to a transistor radio broadcast around a campfire. Financing, too, is limited. This year, Mr. Dobhal said he dug in his own pockets to buy winter socks for his aides. Over the coming months, barring an avalanche that could tear them down, the stakes will chronicle the changes in the glacier. At the end of summer, Mr. Dobhal will return to the base camp to see how far the ice has shrunk, and again, he will come when winter sets in, for another set of measurements. The fate of the Chorabari glacier will slowly, painstakingly be revealed.

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Swarup Sarkar DV Act Judgment 2007

Swarup Sarkar won the Domestic Violence case filed by his wife.

Here is some background information from the TOI which sheds some light on the Swarup Sarkar story:  Man complains, wife summoned over abortion

Here is the judgment: Swarup Sarkar DV Act Judgment 2007

You may also want to read this: Indira Jaising On The First Anniversary Of The “Clumsily Drafted” DV Act

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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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