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IBN Live Highlights The Plight Of 498A Victims On Zindagi Live

Here is the link: http://features.ibnlive.com/special/zindagi-live.html
Details:
Guilty until proven innocent

Sunday, Nov 4

10 am & 8 pm

They get punished and their families get punished. They get punished for a crime before it’s proved. They lose their jobs, their children and their piece of mind. That’s Zindagi Live this week on IBN.

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Justice Dhingra: Police Do Not Investigate In 498A Cases (Crl.Apl No. 696/2004)

News Flash

This judgment of Justice Dhingra led to the standing order from Delhi Police Commissioner YS Dadwal, prohibiting the arrests in 498A cases without the permission of the DCP (Jun/21/2008).

You can read about this here:  Delhi Police Commissioner: No 498A Arrests W/O Permission Of DCP

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Publication: Times Of India Delhi;
Date:Nov 2, 2007;
Section:Times City;
Page Number:5
HC: Wife can’t use failed marriage to harass in-laws
Abhinav Garg | TNN

New Delhi: Dismayed by the increasing misuse of anti-dowry laws, the Delhi high court has observed that failed marriages are ‘‘not a crime’’ and berated the tendency by women to see souring of matrimony as valid ground to get even with the husband and in-laws or to extract money.
‘‘A failed marriage is not a crime. However, provisions of section 498-A (cruelty by in-laws or husband) are being used to convert failed marriages into a crime and people are using this as a tool to extract as much monetary benefit as possible,’’ Justice S N Dhingra said on Thursday while acquitting the husband, in laws and ‘jethani’ of a woman who had alleged that they poured kerosene on her and set her on fire due to her inability to get dowry or secure an employment for her husband.
‘‘It must be acknowledged that marriages do fail and there is a mismatch not only in an arranged union but even in love marriages, which is discovered during the continuation of married life,’’ the judge remarked as it turned out that the harassment charge was slapped by the wife because she was unhappy with her husband’s unemployment and a life of penury.

Excerpts:

  • ” It is her own case that a container of 05 litres of kerosene oil was poured on her. 05 litres of kerosene oil is an enormous quantity of oil and if this quantity is poured on a person and fire is lit, he/she will immediately turn into a fire ball. Presuming that the complainant had extinguished the fire immediately by pouring a bucket full of water on herself and by tearing her clothes, in that case the unburnt kerosene oil would remain on clothes and she would have been profusely smelling of kerosene oil. Not only her clothes but her entire body would have been drenched with kerosene oil and her clothes would have been drenched with kerosene oil and water. It is not her case that when she was removed to hospital her clothes were changed or she was washed off and bathed, rather her allegations are that she was continuously beaten for two hours before having been removed to the hospital and she kept lying there for two hours in kerosene oil and water. It cannot be believed that on seeing a patient in such a condition, doctor would have closed his eyes and would not record the condition in the MLC. “
  • “Her husband was not a criminal neither it is alleged that he had any criminal background. A poor man who was starving for his survival and had to work as a labour from morning till evening for livelihood, could not have given threats to kill his own son and father-in-law. This story of threat seems to have been developed later on by the complainant in consultation with father. “
  • “The Courts must be very cautious during trials of such offences. 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 does 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.”
  • “From the entire documents and the testimony of the witnesses I come to the conclusion that it is an unfortunate case where the complainant by making false statement implicated the entire family in offenses of under Section 307 and 498 A IPC. The Trial Court was not cautious enough to even look to admitted documents on record before convicting the family on mere statement of an estranged wife. Trial Courts should guard themselves from being swayed by emotions. They should consider entire circumstances and should carefully analyze the entire evidence. Poverty should not be allowed to become a crime. Neither failed marriage be permitted to be a crime.”

Here is the judgment: Delhi HC: Wife Can’t Use Failed Marriage To Harass In-Laws

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The Definition Of Torture, As Per The Supreme Court Of India

The Supreme Court in Arvinder Singh Bagga v. State of U.P, 1994, described how the police treated Nidhi, the victim, in the following manner:

“On a careful consideration of all the evidence on record in the light of the surrounding circumstances I accept the claim of Nidhi that she was tortured by the police officers on 24th, 25th and 26th July, 1993. On 24.7.93 she was pressurised by J.C. Upadhyaya S.H.O., Sukhpal Singh, S.S.I, and Narendrapal Singh S.I. and threatened and commanded to implicate her husband and his family in a case of abduction and forcible marriage thereafter. She was threatened with physical violence to her husband and to herself in case of her default and when she refused her family members were brought in to pressurise her into implicating them. On 25th July 1993 she was jolted out of sleep by Sukhpal Singh S.S.I. and made to remain standing for a long time. She was abused and jostled and threatened by J.C. Upadhyay, Sukhpal Singh and Narendrapal Singh with injury to her body if she did not write down the dictated note. Sukhpal Singh SSI even assaulted her on her leg with Danda and poked it in her stomach. She did not yield to the pressure.”

The Ho’nble judge then went on to define torture:

“Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands. When the threats proceed from a person in Authority and that too by a police officer the mental torture caused by it is even more grave”

From this judgment, it is very clear that each time our families are threatened by the police with the old threat of “Pay up, or else…”, they are subjecting them to torture.

Torture, in the words of the Supreme Court of India is “is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands”

SC: The Definition Of Torture Given In Arvinder Singh Bagga v. State of U.P

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Justice Dhingra Ensures The Jailing Of A Corrupt Female CAW Cell Officer-2007

Justice Dhingra in action again.

This time he denies the appeal of convicted, corrupt CAW cell SI. This judgment more than reinforces my assertion that 498A and all this crap about protecting women is just a smokescreen to make money of the misery of citizens.

Here is an excerpt:

“The evidence shows that she was posted out on 28th September, 1999 and the bribe was accepted on 1st October, 1999. There is no evidence that complainant was aware of her posting out from the department. Moreover, if she was posted out on 28th October, 1999 she had no business to be there in CAW Cell. Her presence there itself shows that she had come to the office of CAW Cell only for the purpose of obtaining bribe. Even if she was not working as investigating officer, she took advantage of ignorance of the complainant that she was no more investigating officer and still accepted the bribe. I, therefore, consider that in such a case where police official, and those who are responsible for proper running of criminal justice system , indulge into the corruption, the Court should take serious view. Considering all facts I do not find it a fit case where the sentence of the appellant be suspended. The application is hereby dismissed. Nothing observed herein shall prejudice the decision of appeal on merits”

Here is the judgment:

Justice Dhingra Ensures The Jailing Of A Corrupt CAW Cell Officer-2007

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Allahabad HC-No Arbitrary Arrests In Cognizable Cases – 2004

Here is a judgment by Justice Markandeya Katju while he was serving as a judge of the Allahabad HC.
He says:
“After the promulgation of the Constitution individual liberty has become of great importance particularly in view of Article 21, which is a fundamental right. Hence it cannot be lightly interfered with. Moreover, section 157(1) Cr.P.C. States :-

“157. Procedure for investigation – (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officer not being below such rank as the State Government may, by general or special order, prescribe in this behalf to proceed, to the spot to investigate the facts and circumstances of the case and if necessary to take measures for the discovery and arrest of the offender.”

The above provision clearly shows that it is not necessary to arrest in every case wherever a FIR of cognizable offence has been registered. No doubt investigation has to be made in every case where a cognizable offence is disclosed but in our opinion investigation does not necessarily include arrest. Often the investigation can be done without arresting a person, and this legal position becomes clear from section 157(1) of the Cr.P.C. because that provision states that the Police Officer has to investigate the case, and, if necessary, to take measures for the arrest of the offender. The use of words ‘ if necessary’ clearly indicates that the Police Officer does not have to arrest in every case wherever FIR has been lodged and this position has been clarified in Joginder Kumar’s case (supra).

In our country unfortunately whenever an FIR of a cognizable offence is lodged the police immediately goes to arrest the accused. This practice in our opinion is illegal as it s against the decision of the Supreme Court in Joginder Kumar’s case, and it is also in violation of Article 21 of theConstitution as well as section 157 (1) Cr.P.C. No doubt section 157(1) Cr.P.C. gives a police officer discretion to arrest or not, but this discretion cannot be exercised arbitrarily and it must be exercised in accordance with the principles laid down in Joginder Kumar’s case (supra).”

Here is the judgment: Allahabad HC-No Arbitrary Arrests In Cognizable Cases

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Role Of Judiciary In Good Governance: Former CJI YK Sabharwal

Here is the pdf:

http://www.supremecourtofindia.nic.in/new_links/Good%20Governance.pdf

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Taking Liberties: An Article By Joginder Singh, Former Director, CBI

Here is the link to the article in the Hindu. This draws from Joginder Kumar Vs State of UP.

http://thehindu.com/thehindu/op/2002/02/12/stories/2002021200030100.htm 

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Express Article On The Oncoming Marriage Squeeze For Indian Men

Here is the link:

http://www.expressindia.com/latest-news/India-set-for-the-marriage-squeeze-UN/233685/

Here is an excerpt:

“At the greatest risk are elite women and destitute men, study points out. “The former may not find available grooms in the proper stratum, while the latter may not be able to attract even the poorest women, aspiring to marry into better households.”

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Wife Summoned For Falsifying Evidence In Maintenance Case

Here is the link: Woman summoned for false evidence in divorce case

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Understanding HC Quash Petitions: Section 482 Of CrPC

The definitive guidelines under which a High Court can exercise its authority to quash a petition is given by the Supreme Court in the Bhajan Las Vs State Of Haryana, 21/11/1990, judgment. This judgment lays the ground rules for a HC to quash a criminal case.

Here is the link to the judgment from Judis:

http://judis.nic.in/supremecourt/qrydisp.aspx?filename=7332
OR

SC: HCs Have To Be Cautious In ‘Dowry’ Cases

The best explanation of the view of the courts, in my opinion, has been given by Justice Dhingra.

This is what he says:

“While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death. “

Here is the document that attempts to explain HC Quash Petitions (Section 482):

Understanding HC Quash Petitions: Section 482 Of CrPC

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SIF/MyNation Protest The “Badly Drafted DV Act”-Oct/26/07

Here is the link to the story: http://www.rediff.com/news/2007/oct/26vicky.htm

Here is the links to some pics:

http://www.flickr.com/photos/14959386@N03/?saved=1

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Innocence Lost: The Arrival Of The Pre-Nuptial Among The Young

Imagine starting your life as a couple with an agreement that the hubby gets this and the wife gets that if things don’t work out. Where is the trust in a relationship as sacred  as that between man and wife?

Thanks to laws like the DV Act and 498A, the young are now resorting to pre-nup agreements. I do agree that it is a pragmatic move, but I attribute it catching on so fast solely due to laws like the DV Act and 498A which actually make it easier for a woman to break a marriage over trivial issues and wreak havoc on a mans family.

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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.

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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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PWTN.ORG

Here is the link to the website of these guys: http://www.pwtn.org/

They have a great collection of judgments and bare acts here:

http://www.pwtn.org/pictures/EU_pics/FINAL_STANDARDS/standards/nationaldoc.html

I sourced quite a few of the judgments that based my work on, especially those relating to police powers, from these guys.

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

Why is it that as a nation and a race we are able to find a way to abuse any provision made for the common good?

Section 498A of the Indian Penal Code is a non-compoundable offence. This means that once a case is lodged, a case cannot be withdrawn and must be go on to its logical conclusion. However, the Supreme Court of India, with benevolent intentions (Supreme Court in B.S.Joshi and Ors. Vs. State of Haryana and Anr., AIR 2003 SC 1386), started allowed the compounding of 498A cases. Here is the sound reasoning behind it:

“if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It was also observed that in case of matrimonial disputes it becomes the duty of the Court to encourage genuine settlements of matrimonial disputes”.

Justice Dhingra also explained The Reasoning Behind Permitting The Compounding Of 498A Cases.

Here is the issue. These days, false 498A cases are filed to extort money and once that is done, the HC is approached to quash it. Those who choose to fight back and stand up against the extortion racket face years of litigation and running around the trial courts. Their cases can’t get quashed as the High Courts are reluctant to do so. Their is no penalty imposed for filing a false case and it is known that a 498A case, though non-compoundable, can be withdrawn in the guise of a “compromise” by the complainant.

The compounding of 498A cases is thus allowing the extortion racket to grow.

Here are 4 judgments from the same day from the DelhiHC which were quashed and all of them were done as a compromise was reached.

In no way do I mean any disrespect to the honorable judge nor am I questioning the reasoning behind these judgments.

All I am attempting to do is to ask the Judiciary to scrutinize the terms of these “compromises” to verify that they fulfill the intentions of the honorable Supreme Court. I am saying this, as inadvertently, the benevolence of the courts is being abused and leading to the propagation of this extortion racket. Those of us, who stand up to our principles are spending the most productive years of our lives facing persecution for our beliefs and find ourselves defenseless and stripped of our dignity as we had to see our family in jail due to baseless allegations.

If we had “compromised” by paying up, the cases would have been withdrawn. Since we have chosen to fight, we find ourselves entangled in a criminal case for years to come only to be acquitted eventually.

I pray to the courts to look at the effect your benevolence is having on the likes of us and remedy the situation by ensuring that the law remains a law and not a tool for extortion.

Here is a classic example of how this extortion racket works: NRI fleeced 40 Lakhs (pdf)

Updated Mar 2008:

Looks like the Mumbai HC heard my prayers. Here is the news about this very important judgment: Here is the news article: Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

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MP HC: DV Act Cannot Be Filed Against Female Relatives

A judge of the MP High Court has passed a judgment which says:

Thus, it is clear by the definition of respondent that for obtaining any relief under this Act an application can be filed or a proceeding can be initiated against only adult male person and on such application or under such proceeding, aforementioned protection order can be passed. Obviously those orders will also be passed only against the adult male person.

Here is the judgment: MP HC: DV Act Cannot Be Filed Against Female Relatives

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Till The Courts Do Us Apart: SC Makes Marriage Registration Mandatory

Here is the story from TOI:

 25 Oct 2007, 1137 hrs IST,PTI
NEW DELHI: The Supreme Court on Thursday directed all states and Union Territories to bring in suitable legislation within three months to make registration of marriage compulsory.
A bench headed by Justice Arijit Pasayat asked the states and UTs to file a compliance report along with an affidavit after the three months deadline.
The apex court passed the order after noting that several states had made registration of marriage compulsory only for the members of the Hindu community.
But by Thursday’s order, registration of marriage will be mandatory for all religions.

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An American Girl’s Love Life In Mumbai

This is a deviation from what I write, but it is an interesting article.

Here it is:  An American Girl’s Love Life In Mumbai

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Lisa Tsering: Indian Husbands Fall Victim to Dowry-Immigration Fraud

This is an article that highlights the plight of young Indian professionals, living abroad, known as NRIs. The radical Indian feminists depict these guys as dowry seeking, wife beating monsters, in short, as evil incarnate.

Here is the article: Indian Husbands Fall Victim to Dowry-Immigration Fraud

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If Divorce Do Us Apart: Monika Halan

This is an article from 2002. Shows the perspective of divorce viewed from the side of women. All it talks about is getting the money from the man and discovering his assets. Here is an excerpt:
“A marriage is a partnership, with equal rights and responsibilities. If it must end, it must end as equally. So far, the law has not done too great a job of upholding the woman’s rights. If the woman is not to walk out a pauper from the marriage, it is up to her and up to the man to ensure that financial planning is made a joint affair.

India still hasn’t reached the stage of pre-nuptial settlements. In fact, it is guilty of the other extreme–of imagining that discussing financial distribution between the couple is itself taboo. Which makes it all the more important for women–in good marriages or bad–to take charge of their financial lives and learn to protect their interests.

Here is the article is the article by Monika Halan.

I wonder why the Express didn’t publish it as she was a columnist for them. A possible answer is that they won’t publish this kind of crap.

The radical feminists of India will do all they can to sell their agenda. Quite a few of them are divorced.

What they will never reveal is the loneliness and bitterness some of these divorced women experience.

Since this is an article about the finances of divorced women, I present an article by the LA Times which did a study on the finances of divorced women. The financial state of divorced women in the US is not the eutopia as claimed in this article by Monika Halan.

Here is the LA Times article: LATimes study on the financial status of divorced women.

Moving away from finances to the causes of divorce, here is the reality that Indian men are facing. Read the story of the 498A woman to understand what men across the nation are facing. Domestic violence perpetuated by women at their worst.

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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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