Archive for the 'Indira Jaising' Category

Justice Dhingra’s Judgment Clarifying CrPC 125

CrPC 125 is meant to serve as a tool to prevent destitution. Highly qualified Indian women harass their husbands by filing these cases to park themselves on their butts and collect tax free pay checks.

Justice Dhingra has turned his attention to putting an end to this malaise of laziness. This judgment embodies everything that can be done to end the abuse of CrPC 125.

Here is the text of this short and sharp judgment:

The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work. The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people. Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.

Here is the judgment: Justice Dhingra’s Landmark Judgment On Purpose Of CrPC 125

PS:

Thanks to the visitor who posted this judgment on my blog as a comment.

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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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NCRB: Over 1,30,000 Women Arrested Under 498A Since 2004

Over 1,30,000 Women Have Been Arrested Under Section 498A Since 2004.

I pulled the data from the NCRB annual publications on Crime In India. You can find this data under the tables section, specifically, TABLE-12.2,  Persons Arrested Under IPC Crimes (Crime Head-Wise And Gender-Wise). Links to these tables are given below:

The NCRB compiled data from the above links is given below and highlighted in yellow:

The next thing to look at are the number of Final Reports that were submitted. The data below gives you the true picture of what the police have been doing. The 498A cases are highlighted in yellow.

Disposal Of IPC Cases By Police (NCRB) 2004-2006

Why is there such a large discrepancy in the ratio of cases closed with a final report to those which were charge sheeted ? It is obvious that the police aren’t doing their work. And why would they, these women were easy pickings for these hyenas. All they had to do was swoop in and scoop up these women, ignoring their rights against arbitrary arrest. These women include young  girls to grandmothers.

To truly understand the scope of this egregious act by the Govt Of India, here is some data from the days of the British raj.

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.

The Govt of India, under the sway of the radical feminists of India, has been arresting over 27,000 women/year of all ages since 2004. In all these cases, these women, including nursing mothers, little girls and grandmothers, were arrested without an investigation into the veracity of the complaints filed.

The Indian police know about the abuse of this law as they are the primary beneficiaries of this extortion racket.

The Indian courts know this this too. The Higher judiciary is cleaner than the lower judiciary, which is nothing short of a sewer, that people entangled in this mess fall into.

Worse, officials and agencies of The Govt Of India know about it. I quote:

  • The idea should be to see how the police system works, the concerned official out there should not lodge an FIR and arrest the groom and his side before investigating. These kind of shortcuts are mainly tainting the image of the prevailing law. The way uncles, aunts are also humiliated is not fair, we agree that they should not be booked until a full-proof investigation is carried out. Instead of amending the law we should try to improve our police system and investigating procedure. Spokesperson Of The NCW, 14 /Jan /2007, TOI Article: “NRIs cry foul over IPC 498A, dowry law”
  • I object to this exploitation of the law. It is wrong to misuse the law. The law is for those who need it. -Union Minister For WCD, Renuka Chaudhary, on the Arjun Singh 498A episode.

So why isn’t this law amended to at least introduce some checks and balances to prevent its abuse?

The answer lies in the fact that this whole thing is a profitable venture for all concerned, including internationally funded NGOs like CSR

Finally, take a look at total number of people arrested under this law.

Total Arrests Under 498A Since 2004 (NCRB)

There are more people arrested under this law than those accused of MURDER!

It is the families, especially women, who get caught up in this extortion racket who pay for the perfidy of this establishment !

Shame !!! Shame !! Shame !!

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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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National Human Rights Commission (NHRC) Guidelines On Arrest

Here is the original : Guidelines on Polygraph Tests And Arrests

You can download the pdf of my version, for printing here:

NHRC GUIDELINES REGARDING ARREST (pdf)

Need for Guidelines:

Arrest involves restriction of liberty of a person arrested and therefore, infringes the basic human rights of liberty. Nevertheless the Constitution of India as well as International human rights law recognise the power of the State to arrest any person as a part of its primary role of maintaining law and order. The Constitution requires a just, fair and reasonable procedure established by law under which alone such deprivation of liberty is permissible.

Although Article 22(1) of the Constitution provides that every person placed under arrest shall be informed as soon as may be the ground of arrest and shall not be denied the right to consult and be defended by a lawyer of his choice and S.50 of the Code of Criminal Procedure, 1973 (Cr. PC) requires a police officer arresting any person to “forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest”. in actual practice these requirements are observed more in the breach. Likewise, the requirement of production of the arrested person before the court promptly which is mandated both under the Constitution [Article22(2)] and the Cr. PC (Section 57] is also not adhered to strictly.

A large number of complaints pertaining to Human Rights violations are in the area of abuse of police powers, particularly those of arrest and detention. It has, therefore, become necessary, with a view to narrowing the gap between law and practice, to prescribe guidelines regarding arrest even while at the same time not unduly curtailing the power of the police to effectively maintain and enforce law and order and proper investigation.

PRE-ARREST

Ø The power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person’s complicity as well as the need to effect arrest. [Joginder Kumar’s case- (1994) 4 SCC 260).

Ø Arrest cannot be justified merely on the existence of power, as a matter of law, to arrest without a warrant in a cognizable case.

Ø After Joginder Kumar’s pronouncement of the Supreme Court the question whether the power of arrest has been exercised reasonably or not is clearly a justiciable one.

Ø Arrest in cognizable cases may be considered justified in one or other of the following circumstances:

(i) The case involves a grave offence like murder, dacoity, robbery, rape etc. and it is necessary to arrest the suspect to prevent him from escaping or evading the process of law.

(ii) The suspect is given to violent behaviour and is likely to commit further offences.

(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.

(iv) The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences. [3rd Report of National Police Commission]

Ø Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission. (see Joginder Kumar’s case (1994) SCC 260).

Ø The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding .

Ø Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the police station.

ARREST

Ø As a rule use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.

Ø The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost.

Ø Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression and with care for the person’s right to privacy. Searches of women should only be made by other women with strict regard to decency. (S.51(2) Cr.PC.)

Ø The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law repeatedly explained and mandated in judgment of the Supreme Court in Prem Shanker Shukla v. Delhi Administration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam[(1995) 3 SCC 743].

Ø As far as is practicable women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset and sunrise should be avoided.

Ø Where children or juveniles are sought to be arrested, no force or beatings should be administered under any circumstances. Police Officers, may for this purpose, associate respectable citizens so that the children or juveniles are not terrorised and minimal coercion is used.

Ø Where the arrest is without a warrant, the person arrested has to be immediately informed of the grounds of arrest in a language which he or she understands. Again, for this purpose, the police, if necessary may take the help of respectable citizens. These grounds must have already been recorded in writing in police records. The person arrested should be shown the written reasons as well and also given a copy on demand. (S.50(1) Cr.PC.)

Ø The arrested person can, on a request made by him or her, demand that a friend, relative or other person known to him be informed of the fact of his arrest and the place of his detention. The police should record in a register the name of the person so informed. [Joginder Kumar’s case (supra)].

Ø If a person is arrested for a bailable offence, the police officer should inform him of his entilement to be released on bail so that he may arrange for sureties. (S.50(2) Cr.PC.)

Ø Apart from informing the person arrested of the above rights, the police should also inform him of his right to consult and be defended by a lawyer of his choice. He should also be informed that he is entitled to free legal aid at state expense [D.K. Basu’s case (1997) 1 SCC].

Ø When the person arrested is brought to the police station, he should, if he makes a request in this regard, be given prompt medical assistance. He must be informed of this right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register. The female requesting for medical help should be examined only by a female registered medical practitioner. (S.53 Cr.PC.)

Ø Information regarding the arrest and the place of detention should be communicated by the police officer effecting the arrest without any delay to the police Control Room and District / State Headquarters. There must be a monitoring mechanism working round the clock.

Ø As soon as the person is arrested, police officer effecting the arrest shall make a mention of the existence or non-existence of any injury(s) on the person of the arrestee in the register of arrest. If any injuries are found on the person of the arrestee, full description and other particulars as to the manner in which the injuries were caused should be mentioned in the register, which entry shall also be signed by the police officer and the arrestee. At the time of release of the arrestee, a certificate to the above effect under the signature of the police officer shall be issued to the arrestee.

Ø If the arrestee has been remanded to police custody under the orders of the court, the arrestee should be subjected to medical examination by a trained Medical Officer every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. At the time of his release from the police custody, the arrestee shall be got medically examined and a certificate shall be issued to him stating therein the factual position of the existence or nonexistence of any injuries on his person.

POST ARREST

Ø The person under arrest must be produced before the appropriate court within 24 hours of the arrest (Ss 56 and 57 Cr.PC).

Ø The person arrested should be permitted to meet his lawyer at any time during the interrogation.

Ø The interrogation should be conducted in a clearly identifiable place, which has been notified for this purpose by the Government. The place must be accessible and the relatives or friend of the person arrested must be informed of the place of interrogation taking place.

Ø The methods of interrogation must be consistent with the recognised rights to life, dignity and liberty and right against torture and degrading treatment.

ENFORCEMENT OF GUIDELINES

1. The guidelines must be translated in as many languages as possible and distributed to every police station. It must also be incorporated in a handbook which should be given to every policeman.

2. Guidelines must receive maximum publicity in the print or other electronic media. It should also be prominently displayed on notice board, in more than one language, in every police station.

3. The police must set up a complaint redressal mechanism, which will promptly investigate complaints of violation of guidelines and take corrective action.

4 The notice board which displays guidelines must also indicate the location of the complaints redressal mechanism and how that body can be approached.

5. NGOs and public institutions including courts, hospitals, universities etc., must be involved in the dissemination of these guidelines to ensure the widest possible reach.

6. The functioning of the complaint redressal mechanism must be transparent and its reports accessible.

7. Prompt action must be taken against errant police officers for violation of the guidelines. This should not be limited to departmental enquiries but also set in motion the criminal justice mechanism.

8. Sensitisation and training of police officers is essential for effective implementation of the guidelines.

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Orr vs Orr: The US Supreme Court Landmark Judgment On Alimony-Mar ’79

The significance of this judgment is that it rejected the premise that married women are necessarily dependent upon their husbands for financial support.

Lillian and William Orr divorced in Alabama on 26 February 1974. The decree directed William to pay Lillian $1,240 per month in alimony. Soon he either fell behind or stopped paying altogether, and Lillian brought contempt proceedings against him in the Circuit Court of Lee County, Alabama, demanding back payments.
In defense, William claimed that Alabama’s alimony statutes violated the Equal Protection Clause of the Fourteenth Amendment, since they required only husbands–never wives–to pay alimony. Lillian believed the law was constitutional. The court agreed with her and ordered William to pay the back alimony plus Lillian’s legal fees. William promptly appealed the judgment to the Court of Civil Appeals of Alabama.
On 16 March 1977, the court ruled that alimony laws–“designed” to help “the wife of a broken marriage who needs financial assistance”–were constitutional. The judgment against William must stand. William next petitioned the Supreme Court of Alabama for a writ of certiorari–an order that the lower court send the trial records to the superior court for review. In May, the state supreme court granted this writ–only to reverse itself six months later, saying the writ had been “improvidently granted.” William then appealed to the U.S. Supreme Court, which agreed to hear the case.

The US Supreme Court concluded the discussion with a few remarks about women’s “proper place”:

“Legislative classifications which distribute benefits and burdens on the basis of gender carry the inherent risk of reinforcing stereotypes about the “proper place” of women and their need for special protection .. . Thus, even statutes purportedly designed to compensate for and amelioratethe effects of past discrimination must be carefully tailored. Where, as here, the State’s compensatory and ameliorative purposes are as well served by agender-neutral classification as one that gender classifies and therefore carries with it the baggage of sexual stereotypes, the State cannot be permitted to classify on the basis of sex.”

A Divorce Decision Changes the Meaning of Marriage
The laws governing marriage are more often evaluated during divorce proceedings than during the life of an intact marriage. Thus, in settling the Orrs’ dispute about their divorce decree, the Supreme Court radically changed the legal basis of marriage in America. As editor Leslie Friedman Goldstein points out, Anglo-American law had held that the “legal core” of marriage was a woman’s obligation to provide sexual and domestic services and a man’s obligation to provide financial support. The Court’s ruling in Orr v. Orr was a complete rejection of such assumptions and one that, in Goldstein’s words, “seismically altered” the marriage institution.”

Here is the link to the analysis of this judgment: Orr v. Orr

Here is the link to the full text : Orr Vs Orr, Full Text

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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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Sex Tourism In Goa: What Are The NCW And WCD Doing ?

Normally I restrict my posts to the Indian Criminal Justice system and 498A related issues. But the fact that paedophiles have found a haven in my country enrages me. Trafficking in women and children is a great threat to the well being of women and children in India. By not taking stringent action to put an end to this menace, the state is complicit in the exploitation of these innocents.

ECPAT and UNICEF estimate that approximately 4 to 5 lakhs women and children are traficked into prostitution in India annually.

It is a disgrace that govt agencies such as the National Commission For Women (NCW) and NGOs like CSR are doing nothing about this issue. These agencies and the Ministry of WCD get millions of rupees annually in funding from the government of India.

On the flip side, one has to remember that these agencies are very much a part of an establishment that adheres to the philosophy of symbolism over substance, which directly translates to the fact that fighting a dirty battle like sex slavery and trafficking of women and children is not a profitable or “sexy” headline grabbing venture, like the Pooja Chauhan episode.

One also needs to look at the fact that the women and children who are trafficked are from poverty stricken backgrounds and we live in a system where it is profitable to exploit the misery of the millions than to alleviate their suffering. After all, poverty is the worst form of violence that can be inflicted on an individual, at least, that is what Gandhiji believed.

Here is an judgment which is based on a situation that backs up my assertion. Policemen and politicians sexually exploited a poor and underage girl. The SC canceled their Anticipatory Bail granted by the High Court.

I just need to remind you, again about Nithari and the Pooja Chauhan episode to back up my assertion.

Googling has revealed that pedophilia in Goa has been highlighted as an issue since a decade.

The link to the Tehelka article is here: Sin In Paradise

A pdf of the article is here if the link goes dead: Sin In Paradise : Sex Tourism In Goa

(I created the pdf so that it is easy for the reader to print and disseminate. Full credit and all copyrights belong to Tehelka)

Here are some excerpts from the expose by Tehelka from 2004:

  • The report goes on to reveal that “it is apparent that there are large numbers of children entering Goa from other states. The nomadic Lamani tribe from Karnataka has a large floating population which enters Goa during the tourist season. Numbers vary but the tourist industry generally agrees that there are between 15,000 and 20,000 in the season. A large proportion of this group consists of children under the age of 14. They are easy targets for paedophiles since they are, emotionally needy and materially deprived.” Goa’s Tourism Director N. Suryanarayana, in the course of Tehelka’s undercover operation, affirmed Wood’s assessment. He told a Tehelka reporter, who posed as a social science researcher from an American university, that the government estimates that 40,000 migrant children are vulnerable to sexual exploitation. Superintendent of Police Inder Dev Shukla also revealed that the police knows that migrant children are exploited by pederasts.
  • The investigation reveals an interesting trafficking dimension to Goa’s sex tourism. “Disturbingly, there is a huge increase in the amount of young girls travelling into Goa from Andhra Pradesh (ap). There are two trains per week arriving in Vasco (Goa’s main railhead) from ap. At the beginning of the tourist season, there are approximately 50 girls (aged between 13 and 17), arriving on these trains each week”.
  • Throughout the 1990s there were enough warning signs, but successive governments ignored them. It’s been almost a decade since Interpol declared Goa as the upcoming paedophile destination. In fact, six years ago the then British Foreign Secretary Robin Cook had warned at the second Asia-Europe (aesem ii) meeting in London that Goa is one of three areas in the world “worst hit by the evils of child sex tourism.”
  • This year’s annual ‘Trafficking in Persons Report’ of the us State Department categorically asserts that India is a source and destination for children trafficked for sexual and labour exploitation. The report also says “India is a growing destination for sex tourists from Europe, the us and other Western countries.”
  • This exposé is finally about failures of governance. According to the Goa Children’s Act, 2003, “The state shall ensure that the children and the young are protected against exploitation and that they are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. Childhood and youth shall be protected against exploitation and against moral and material abandonment.” But the Goan government has failed to protect the children. It is also a failure of governance and administration at the federal level. It’s a national issue and must be dealt with seriously. All it takes for a foreigner to declare himself an ‘Indian inhabitant’ is a sworn affidavit on a Rs 20 stamp paper. This exposé is about the nexus of silence — of the fleet footed machinations that bind the police, the judicial officers and the immigration officials in one encompassing web of corruption. The government has only to launch a full-scale investigation and protect children from being exploited.

More articles and information are listed below:

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Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

The Mumbai HC may have taken the first step in the right direction of blunting this extortion racket called Sec 498A Of The IPC. A 498A wife files the case to force the hubby to settle and then prays the HC for a quash.

To understand what I am saying, read this:

The Abuse Of The Benevolence Of The Courts In 498A Cases

You can also read about this NRI doctor whose sister was jailed for a month and released after the NRI paid up the demanded cash. Indira Jaising was instrumental in getting his sister arrested.

You can read about it here: NRI doctor fleeced for 40 Lakhs

If this is not extortion, then what is ?

Here is the news article: Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

Here is the 107 Page judgment:  Mumbai HC Judgement: Hubby Can Be Jailed Despite Patch-Up

Here is the graphic:

Timeline

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Indira Jaising Moans On The First Anniversary Of The “Clumsily Drafted” DV Act

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

In contrast to what the noble Justice Dhingra has written, please read the drivel dished out by the leading Indian Feminazi, Indira Jaising. Here is the link to the IE article titled Family Against Woman. I believe it should have been titled Woman Against Family:

http://www.indianexpress.com/story/232409.html

Here is the report she published on the first anniversary of the DV Act called “Staying Alive”. This report was paid for by UNIFEM and it is full of bullshit. This is the report that establishes the link between her and the IGP called S Umapathi, who has allegedly been selling Interpol Red Corner notices against NRI techies from AP.

An excerpt: “This provision suffered a major setback at the hands of the judiciary. The Supreme Court, even before the ink on the Act was dry, declared in a judgment that a woman could claim this right only in relation to a household owned/ rented by her husband. This means that even if her husband lives with his parents and she has her matrimonial residence there, she cannot claim right to residence there. The judgment not only overlooks the law itself, it also overlooks the existing social reality of the joint family, which continues to be the predominant pattern.”

Here is the excerpt from the SC judgment, Batra Vs Batra, 2007.

Below is what the judges of the Supreme Court had to say about this badly drafted law, and this is what Indira Jaising is moaning.

“20. If the aforesaid submission is accepted, then it will mean that wherever the husband and wife lived together in the past that property becomes a shared household. It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband’s father, husband’s paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc. If the interpretation canvassed by the learned Counsel for the respondent is accepted, all these houses of the husband’s relatives will be shared households and the wife can well insist in living in the all these houses of her husband’s relatives merely because she had stayed with her husband for some time in those houses in the past.

Such a view would lead to chaos and would be absurd.. It is well settled that any interpretation which leads to absurdity should not be accepted.

—-

23. No doubt, the definition of ‘shared household’ in Section 2(s) of the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society.”

The strategy of Indian feminazis has been to attack, and encourage attacks, on the judiciary whenever they faced a set back. The ongoing attacks on Justice Shiv Narayan Dhingra are prime examples of this strategy in action.

Here is a classic from the idiocy called the PWDVA, 2005.

17. Right to reside in a shared household.-

(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.

Hello !! This is a carte blanche to legally occupy the home of anyone unfortunate enough to have had a “domestic relationship” with a woman in India. A woman who has been in a domestic relationship, now has more power than the PM or the CM to strip a person of his right to own his own property. It is no wonder that the SC called it a clumsily drafted law.

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Domestic Violence Is Not A Gender Issue

I wonder what the Indian radical feminists have to say about this. Respected fighters for womens rights like Madhu Kishwar have already come out against coercive legislation. So have people like Erin Pizzey.

Here is an excerpt:

“The tragedy for me is that I had a vision whereby people who were infected by dysfunctional and violent parenting could find a place that would give them a chance to learn how to live in peace and harmony. This dream was destroyed, along with all my evidence and projects. The feminist movement resolutely refuted any argument that women should be allowed to take responsibility for their choice of relationships. The image of women as victims, as helpless childish dependents upon brutal men world-wide has damaged relationships between the sexes. The idea that the family is a danger to women and children has destroyed much of our traditional concepts of marriage. The feminisation of the family and Western society has caused men to become outcasts and a source of ridicule in their children’s eyes.”

Here is the article by Errin Pizzey: DOMESTIC VIOLENCE IS NOT A GENDER ISSUE

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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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Interpol Global Standards To Combat Corruption In Police Forces

The Interpol document on combating police corruption

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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:

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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India To Register Pregnancies To Fight Foeticide

Another act of stupidity emanates from the hallways of the Ministry of Women and Child Development. The Hon’ble Minister, you can see her in action here on YouTube, would like to register all pregnancies in the country to prevent foeticide. Forget the logistics involved. I would like to see the Hon’ble Minister, taking her daughter to the responsible Govt Office and saying to the chap on duty, “Here is my daughter and she is pregnant, the father is my son-in-law, please register the pregnancy.”

Another bit player in this silly act is the Minister Ambumani Ramdoss. He has allegedly been pushing for the appointments of doctors to AIIMS, the premier health care institute, based on their caste and not on the strength of their credentials.

Back to this story, I have a few questions:

  • Apart from the issues of privacy involved, we can toss in the issue of religion. Can you imagine a Muslim couple doing this? or will they be exempt to fend off the backlash?
  • What about the conservative people in the cow belt? Would they be willing to parade their pregnant wives before unknown men or women?
  • How about this situation where a women unfortunately has an abortion due to reasons beyond her control and the foetus is a female? Will she be booked for murder?
  • What if a woman wants to abort regardless? Aren’t we now infringing on the reproductive rights for women? The feminists, internationally, will be up in arms.
  • What does one do if a woman has an abortion just because she wants a male child and gets a certificate from a doctor saying that the pregnancy was putting her life at risk?

And then think about logistics involved in implementing this law.

You can read about the whole thing here.

All in all, this is a classic example of a self goal, as this law is bound to piss off the feminists, internationally.

Here is Gloria Steinem saying: “I would say that a crucial contribution of feminism is to add reproductive freedom as a fundamental human right. Controlling women’s bodies as the most basic means of production, the means of reproduction, is the origin of patriarchy; thus of domination and hierarchy. Women are reversing that process by seizing control of the means of reproduction, and restoring balance.”

Righto! and we can see women standing before the Babus and saying that “Hey! We are pregnant! Register it!” What would good old Gloria say to that ?

At the least, this is an act of stupidity, literally.

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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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