Archive for the 'Madhu Kishwar' Category

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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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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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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The Ashish Marwah Bail Order

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

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

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

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

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

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

Ashish Marwah Hi Res

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

Ashish Marwah-JPG

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Interpol Global Standards To Combat Corruption In Police Forces

The Interpol document on combating police corruption

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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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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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Consequences Of Filing False 498A Cases

There is a lot written about horror faced by families who get entangled in 498A cases, but nothing is said about the consequences faced by women who file these cases, if the plan backfires. 498A is ultimately a gamble. These women file cases at the advice of their lawyers, close relatives with vested interests or just to persecute the hubby and in-laws or to defraud the hubby and his family as they know that this law is actually designed to be more effective as a tool for extortionists and blackmailers than for protecting women facing dowry harassment or domestic violence.

The best source to know more about the consequences of filing a false case is the document by Madhu Purnima Kishwar (http://tinyurl.com/2rbmxs). She is a respected fighter for women’s rights, unlike the tabloid feminists of today who misrepresent facts and who hog the headlines with shrill statements (remember the Pooja Chauhan episode?).

Read this article in the LATimes to get an idea about what divorced womens finances look like.

I think you need to read what she has to say. I’ve put together a few points of my own:

  • Divorce after a 498A is guaranteed. 498A is a nuclear weapon. It should never be used for any other purpose than what it was intended for, which was to protect women from dowry harassment. It was not designed to allow it be used to settle scores or as an extortion tool. If the accused fight back, the filers of a false 498A will face the consequences.
  • She won’t get married again. The reason being our very conservative society. Feminism may be a fashionable thing to bandy about, but no family, including the family of the filer of a false 498A, would like to admit one of their own into their homes. This is all about power politics in relationships and once it is known that a woman had filed a false 498A, she will be treated like radioactive material.
  • Her sister(s) may eventually run off with the milkman or something along similar lines may happen as they risk remaining spinsters.
  • Any sisters-in-law she may have will turn against her as time goes by. Her brothers may not get married again. Think about this. Would you be willing to send your sister/daughter into a home where there is woman who has quarreled with a decent husband and used the law to terrorize him and his family? How happy would your sister/daughter be in a home like that? How secure would a family feel, if the sister of the woman who filed a false 498A enters the house as a bride? It also says a lot about that family that they did not discourage her from doing so.
  • The filer of a false 498A may face arrest under Section 182. The sentence may range up to 6 months.
  • If kids are involved, their well-being may be threatened as fathers play a crucial role in the up bringing of a child. A 498A almost always results in a divorce.
  • If the 498A is being filed at the instigation of close relatives and for no valid justification, be assured of this, once the relatives get what they want, they will abandon the woman.
  • The woman may get fined by the court for filing false charges. Click here for the news article.

Go through the The 498A Survival Kit if you anticipate a false 498A.

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Violence against women: Good practices in combating violence against women”

Madhu Kishwar got it right. She exposes the Indian feminists to be the hypocrites they are in this article from 2005.

Here is the article:Violence against women: Good practices in combating violence against women”

The Indian Domestic Violence Act: Behind The Scenes

Looks like there was a lot of action behind the scenes. Here are some pdfs that explain what I mean:

This happened on March 15th 2002.

Here is the link to the pdf: COMMENTS BY MR. ARUN JAITLEY, Union Minister For Law And Justice, in defence of the GOI Domestic Violence Bill Given to women’s groups on March 15, 2002

Here is a comment by Indira Jaising:

“There should be a policy underlying every legislation. The only possible objective of a law on domestic violence can only be to Stop Violence. Whereas the policy of the GOI Draft seems to be to preserve the family and the marriage, and the same is already achieved by all the marriage laws and civil laws. The only “unoccupied field” is protecting a woman from domestic violence and this present draft does not achieve that.”

Here is the pdf if the link is inactive: GOI DVA Bill Original Version Comments

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The SC Takes The Lead On Police Reform

Here is the link to CHRI

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AP HC Quotes Dowry Prohibition Act In 498A Quash Judgment: 2005

Here is the judgment: AP HC Quotes Dowry Prohibition Act In Judgment: 2005

Here is the definition from a judgment of the AP High Court:

Dowry Prohibition Act

3. Penalty for giving or taking dowry:- (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than [five years.]

[(2) Nothing in sub-section (1) shall apply to, or in relation to,-

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such present are entered in a list maintained in accordance with the rules made under this Act:

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]

[4. Penalty for demanding dowry:- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

Delhi HC Hauls Up The Lower Judiciary

Here are two petitions upheld by the Delhi HC. In both cases, the magistrates of the lower courts summoned the respondents without a basis and the High Court took cognizance and set things right.

Here are the judgments:

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Misc SC And Delhi HC Judgments

Here are some miscellaneous judgments.

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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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