Archive for the 'Crimes Against Women' Category

Zealous Reformers, Deadly Laws – Madhu Kishwar

I’ve been a fan of Madhu Kishwars’ writings and I’ve always seen her as an ally in the battle against the agenda of the  Indian Feminazis.

She has written a book titled: Zealous Reformers, Deadly Laws

This book delves deeply into legislation and law enforcement to explore the reason why laws enacted for the purpose of enforcing women’s rights in India end up producing such dismal results. A running theme in the book is the need to adopt a culturally sensitive approach to social reform that respects the aspirations and cherished values of those in whose lives we wish to introduce change.

At the moment she is facing a  Attempt to murder case

Can you believe that ? Definitely an attempt to harass her.

Please sign the petition to stop the cops from harassing her:

Letter of Protest Against Police Complicity In Implicating Madhu Kishwar

Here is a picture of her:

To order the book, please contact:
Manushi
1 Under Hill Road
Civil Lines,
New Delhi 110054, India
Tel: +91 11 23916437
e-mail:editor@manushi-india.org
http://www.manushi-india.org
10% discount for Manushi subscribers
Madhu Purnima Kishwar
ZEALOUS REFORMERS, DEADLY LAWS
Battling Stereotypes

Paperback, 420 Pages, Rs. 495
$34.95, Pounds 29.99 (Abroad)

Sage Publications,  ISBN: 978-0-7619-3637-4

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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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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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Sonia Vs Vinod: Domestic Violence Case

Folks,

Here is the judgment on the Sonia Vs Vinod domestic violence case. This case is from the Delhi Rohini court. Here is the write up:

“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

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Rights Activists On Wrong Foot

Here is a collection of dirt from around the country and they all deal with the Womens Commission of the different states.

  1. http://www.telegraphindia.com/1070927/asp/northeast/story_8364332.asp
  2. http://www.e-pao.net/GP.asp?src=10..270907.sep07
  3. AP Womens Commission Chief Asked To Step Down
  4. http://www.deccanherald.com/Content/Aug12007/state2007080116440.asp
  5. Cat Fight In AP

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Judgments On NRI Cases By The Courts In India

I thank Ms Girija Vyas for this document. I extracted this information from the MOIA document she sponsored in a misdirected zeal to paint all NRIs men with marital issues as crooks, liars and cheats.

I thought, I’d perform a public service by sparing the public from the vitriol and the smug faces of netas, contained in this otherwise excellent document, by extracting and presenting the excellent parts.

Here is the document: Judgments On NRI Cases By The Courts In India(pdf)

Read this judgment of Justice Shiv Narain Dhingra: Justice Dhingra Quashes An NRI 498A Case

Read this judgment as well:   Delhi HC: Beniwal Vs Beniwal 1989

Also read this news. The Supreme Court is looking into the issue of women who live abroad, fight their divorce/custody battles abroad, lose their cases, land in India and file 498A or whatever against their husbands.

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Governance And Right To Information

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

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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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