Archive for the 'Feminism' Category

Justice Dhingra Explains The Meaning Of Shared Household

This great Indian judge has yet again delivered us from evil.

He defines a shared household as the following:

“Once a person gains majority, he becomes independent and parents have no liability to maintain him. It is different thing that out of love and affection, the parents may continue to support him even when he becomes financially independent or continue to help him even after his marriage. This help and support of parents to the son is available only out of their love and affection and out of mutual trust and understanding. There is no legal liability on the parents to continue to support a dis-obedient son or a son which becomes liability on them or a son who dis-respects or dis-regards them or becomes a source of nuisance for them or trouble for them. The parents can always forsake such a son and daughter-in-law and tell them to leave their house and lead their own life and let them live in peace. It is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. In turn, the parents get equal support, love, affection and care. Where this mutual relationship of love, care, trust and support goes, the parents cannot be forced to keep a son or daughter in law with them nor there is any statutory provision which compels parents to suffer because of the acts of residence and his son or daughter in law.”

He defines a matrimonial home in the following manner:

“However, matrimonial home was not just a building made of bricks and walls. It was a home/place comprising of sweetness of relations of family members and elders, full of blessing. In the matrimonial home, matrimonial rights and obligations are to be equally observed. Practically speaking, the residence of husband should be the home of the wife where both the spouses have equal right to reside.”

Here is the judgement, a boon to those facing the ugly reality of the clumsily drafted domestic violence act:

J Dhingra: Neetu Mittal Vs Kanta Mittal DVA 2007

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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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The Rantings Of Indira Jaising

My previous post was on the writings of Madhu Kishwar.

I decided to post the rantings of Indira Jaising with a little touch of my own, to highlight the yawning chasm separating Indira Jaising and the unfortunately sidelined Madhu Purnima Kishwar.

Here we go:

  • It Was A Crime That I Was Born A Woman: This is the vicious article she wrote smearing the noble Justice Dhingra, a classic tactic of any practioner of pussy politics. By the way, Justice Dhingra is on his way for inclusion in the pantheon of great Indian judges, for his seminal judgments that are leading to the end of the extortion racket known as IPC 498A in Delhi. And just to remind you folks,  he is the primary reason for the existence of this blog !!
  • Of Crying Hoarse, Not Wolf!- Indira Jaising: This is the crap that resulted from Batra Vs Batra. The Supreme Court had said that the expression “shared household” was clumsily drafted. Of course it is. Only morons can draft something like this and yes, that is precisely what the Hon’ble judges said.
  • Dangerous Bill-Domestic Violence Bill: This was published in Indiatogether, a famous place where fellow practitioners of pussy politics, such as the now disgraced Vikram Jeet Batra, air their myopic views. This article espouses the DV Bill as the panacea for the ills plaguing women. She lobbies in this article to deprive men of the right to self defense. Activists like myself didn’t know what all this was about, otherwise, the TWICE divorced Ms Jaising would have been moaning before the advent of the bill, not after.

News flash:

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The Writings Of Madhu Purnima Kishwar

Folks,

This lady makes a lot of sense and I believe that she represents the voice of reason in this feeding frenzy of  corrupt scum, male or female, that feast on the misery of broken marriages and relationships. Voices like hers need to be strengthened as they have something the likes of Indira Jaising and Girija Vyas don’t.

Its called integrity.

3003lime_madhu

So, just like I did with Abhinav Kumar IPS and  Dr Arvind Verma, I’ve decided to collect her writings in one place.

Here goes:

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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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A Few Notes On CrPC 125

The credit for this info goes to the original poster/researcher, a great guy and a true 498A warrior.

A Few Notes On Crpc 125

1. The code has dangerous implications – any wife (that includes divorced women) may file a petition for maintenance under CrPC 125. In the event that she doesn’t marry anyone, you are liable for her maintenance for the remainder of her life. You are liable no matter what, whether you pay or you don’t that’s your choice. If you don’t pay maintenance, the Order can go to execution resulting in a warrant against you and potentially Passport cancellation (Passport Act, 1967) – I repeat, passport cancellation – that DOES NOT mean you will be extradited – but it’s a concern nevertheless.

2. Divorced wife means – whether she lives in adultery doesnt affect her rights to maintenance – ONLY if she is capable of earning on her own (has a job) OR gets married – then you are off the hook. Or, you may get US or Canadian citizenship in which case the Indian law doesn’t affect you unless you land in India. Unpaid maintenance resulting in a warrant still remains valid within Indian jurisdiction.

3. Most importantly, US divorce – contested, uncontested, ex-parte, mutual consent, whatever… don’t matter in the case of CrPC 125……the Magistrate at the lower court, may upon his/her discretion, ignore the US court’s verdict. His call on “change of circumstances” is final… if the girl had a job in the US (legal or illegal) and she returns to India just for fun… that’s a change in fiscal circumstance and she may be entitled for maintenance u/s CrPC 125.

Even if you pay/settle in the U.S. or India – she may still claim and get more maintenance, if she has reasons – such as a medical need or any other life events that have changed her fiscal condition (she has blown all the money you had paid in permanent maintenance) .

No matter how fool proof your marital termination agreement here is, she can claim and get maintenance u/s CrPC 125. Monetary sanctions against a wife levied in the US has no impact in India as Indian law and judgments will be based on Indian public policy and socio-economic context.

4. The only silver lining is – if you can smoke her out in the U.S. to participate in a contested divorce, at least the divorce is valid in India.

5. Finally, marital misconduct in the U.S. such as restraining orders on wife’s or arrests of abusive wives may have some feeble impact, if any, on the “FINAL” maintenance order. As far as the interim “maintenance pendente lite” – court awards temporary maintenance based on prima facie assumption of truth on the girl’s petition and cursory review of preliminary facts.

Bad news huh? Well, I learned it/learning it the hard way.

This doesn’t mean however, that we shouldn’t fight – if your case has merits (or so you think) – keep fighting… the ONLY two prongs we have –

1. Lengthier procedure may frustrate the girl’s party

2. She may get married…Hope and pray that she gets married

In this gloom and doom, some rays of hope:

  • Mumbai HC: Deserting without just Cause. No Maintenance
  • THE HIGH COURT AT CALCUTTA
    Criminal Revisional Jurisdiction
    Appellate Side

    Amal Mukherjee
    versus
    Pranati Mukherjee & Anr.

    C.R.R. NO. 399 of 2007

    In the case of Md. Jahangir Khan Vs. Mst. Manoara Bibi, reported  in 1992 Cri L.J. 83, a Division Bench of our High Court held that the future salary not being a tangible corporeal property the same cannot be attached for recovery of the arrear maintenance.

  • More to come…

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Mumbai Police Circular On Arresting Women – 2004

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.

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

Here is the other set of directives/circulars uncovered by PIFF through RTIs:

Maharashtra Home And Police Depts Joginder Kumar Compliance Orders

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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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Delhi HC Landmark Judgment On Paternity (DNA) Test – 2008

Folks,

finally got my hands on this landmark judgment. The Delhi HC allowed DNA tests to establish paternity. This is a landmark judgment for victims of paternity fraud in India.

Just imagine this situation. A devoted husband and father spends years of his life building a life for his wife and offspring and suddenly one day, he finds out that his wife had cheated on him years ago and what he perceived to be his own flesh and blood wasn’t after all, his own. And worse, his now exposed adulterous wife files a 498A against him. This happened to a very dear and now devastated friend of mine.

Justice Vipin Sanghi has done us all a great service.

Thanks to him, these bitches can face the consequences of their actions.

Should any bleeding heart feminazis like Girija Vyas or Indira Jaising object to my words, or raise a hue and cry about how the child was becoming the victim or the mother was the victim, I implore them to do more than that, by adopting these signs of infidelity and sin into their homes and raising them as their own and better still, marrying these adulterous women to their nephews or grand nephews and random relatives. Don’t actions speak louder than words?

Here is the judgment: Delhi HC – DNA Test-HMA-2008- Justice Vipin Sanghi

For those of you who find yourselves in a similar situation or luckily, are just facing a 498A, please read the judgment (M.Srinivasulu Vs State of A.P. (10/09/2007)) below.

The reason for introducing this judgment is this. Most 498A complaints aren’t worth the paper they are written on. This judgment clearly establishes that the consequences of cruelty need to be proven, before a complaint can be brought under the purview of 498A. Click on the quote to download it:

Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC.”

This judgment, coupled with Joginder Kumar Vs State of UP will go a long way in beating off the 498A. I promise you that !!!

I dedicate this post to my friend. Hopefully he’ll be able to climb out of the hole he’s been pushed into and overcome the ordeal he’s been subjected to…

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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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Spousal Abuse: It’s The Husband Who Is The Victim

Here is the link to the article from DNA India.

 Spousal Abuse: Its the husbands turn

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AP Womens Commission Chief Asked To Step Down

I have always maintained that these womens protection agencies are part of an extortion racket.

In most cases, the defendant are asked to pay up or face the consequences and the petitioners are asked to pay to have their complaints heard. Read on to understand what I mean.

There is more tabloid news from AP. Looks like the Womens Commission has become an agency that works for commissions.

Earlier, the AP womens commission was in the news due to the cat fight between a couple of the members. The event was recorded here: Cat Fight In AP.

The main characters in this cat fight were forced to resign by the AP CM and a replacement, Renuka Reddy was appointed.

Looks like the replacement was caught in a sting operation accepting a bribe.

You can read about that here: Renuka Reddy Asked To Step Down

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Justice Dhingra Quashes An NRI 498A Case: Sept 12, 2007

This judgment is of considerable significance to NRIs.

Here is the news article from DNA India

Click here for the pdf of the same.

Here is the judgment: Justice Dhingra Quashes An NRI 498A Case

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Ladies Against Feminism

Here are the links to the sites:

  1. http://awomanagainstfeminism.blogspot.com/
  2. http://www.ladiesagainstfeminism.com/starthere.htm

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Delhi HC- Surjit Kaur Vs State Of Delhi Bail Application

Here is a bail order by Justice PRADEEP NANDRAJOG of the Delhi High Court.

An excerpt:

5. The Metropolitan Magistrate should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts
are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statements of the complainant, without any verification that a large number of false complaints are pouring in.”

Here is the link to the bail order.

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AP State Police: Responsibilities Of Citizens

Here is the link:

Here is an excerpt:

Be truthful and forthright while going to police for redressal of complaints. Avoid the unholy practice of exaggerating or maneuvering facts to attract operation of criminal laws or to enhance their severity. This is particularly unfortunate when such complaints are pushed through devious recommendations or monetary inducements. Such short sighted actions strike at the root of the rule of law and are among the factors responsible for many of the ills, like malicious investigations and burking, affecting policing. Chandigarh Police would like to reassure that a sincere account of a complainant’s version, though may not be covered by criminal laws, would be given due consideration. All efforts would be made to resolve the same under the alternate complaint resolution mechanism as many such disputes lead to future crimes or breach of peace.

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Dept Of Admin Reforms And Public Grievances

Folks,

here is a useful link for those of you who harassed by the cops in your 498A cases.

Here is the link

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Fair Trials Abroad

Here is the link to their website: http://www.fairtrialsabroad.org/

This is what they do:

Fair Trials Abroad / Justice à l’étranger (FTA) : is a London-based charity that works to promote fair trials according to international standards of justice and to defend the rights of those facing criminal charges in a country other than their own.

___________________________________

What Is A Pre-Nuptial Pact/Agreement ?

In these days of 498A divorces and second marriages, a pre-nup becomes necessary. Here is an article in rediff.com that explains what a pre-nup pact is.

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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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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

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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