Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Students Who Find Jobs Abroad To Be Taxed

This is a deviation from 498A and related issues, but it fits in with the idiocy that appears to have taken over some of the ministries of the GOI. This time, it is the HRD ministry.

Here is the article

Basically the HRD ministry, headed by the accused in a 498A, Arjun Singh, has come up with another asinine proposal whereby students who graduate from the IITs and the IIMs (maybe other places too) will now need to pay if they find jobs in other countries. They are planning to call it “graduate tax” and “exit tax”,

If the country needs money so desperately, sure, no problem. I am sure the students will willingly pay taxes. Would GOI also consider widening the tax base to include, the friends and relatives of the ruling establishment? I guarantee that this will definitely bring in more money into the treasury than the taxing a few students.

GOI should remember, that it is the Indian students who have gone on to hold high positions in high tech US companies, and it is they who are contributing to the outsourcing boom in the country by steering business to India.

Any moron who suggests that expat students have not given back to their motherland, is just that, a moron.

Just another question. All of us pay taxes regularly and honestly. No choice there as we are taxed at source. The question I have is, what has the GOI given back to us, the average citizens? We can’t even walk into a govt office without having to pay a bribe.

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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:

• http://www.corisweb.org/
• http://www.transparency.org/news_room/latest_news/press_releases/2002/2002_12_17_south_asia_survey
• http://usinfo.state.gov/journals/itdhr/1206/ijde/boswell.htm
• http://www.voanews.com/english/archive/2004-12/2004-12-06-voa26.cfm?CFID=180646892&CFTOKEN=12529063
• http://www.state.gov/s/ct/rls/wh/71803.htm
• http://www.icgg.org/corruption.research_contributions.html
• http://www.uncjin.org/Standards/Conduct/ccl/repkorea.pdf
• http://www.unodc.org/unodc/en/corruption_projects_report_presentations.html
• http://www.transparency-usa.org/survey_96.htm
• http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN019187.pdf
• http://www.justresponse.net/KT-Pacitti_interview.html
• http://www.atimes.com/reports/BL13Ai01.html
• http://www.worldbank.org/html/prddr/trans/janfebmar03/pgs36-37.htm
• http://www.unodc.org/pdf/corruption/publications_compendium_e.pdf
• N Vittal On Corruption
• http://unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN010330.pdf
• http://www.oecd.org/dataoecd/17/13/33910834.pdf
• http://www1.oecd.org/daf/Asiacom/countries/korea.htm
• http://www.interpol.int/Public/Corruption/IGEC/
• http://www.un.org/webcast/merida/statements2/kore031210en.htm
• http://www.un.org/webcast/merida/statements2/kore031210en.htm
• http://www.adb.org/Documents/Conference/Fight_Corruption/
• http://ksghome.harvard.edu/~youjong/Role%20of%20civil%20society%20in%20combating%20corruption_May%202003.pdf _________________________________________________

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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Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005*

This is the writ petition that was filed to declare 498A unconstitutional. After running through it, I beleive that it was framed inadequately.

Anyway, water under the bridge, here is the judgment: Sushil Kumar Sharma Vs. Union of India.

*Sourced it from the blog of a guy called Vinayak.

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School Teacher Acquitted In 498A Case

Here is an inspiring story of a very forgiving school teacher and father in law. The cops humiliated him and his family.

Download the pdf here: School teacher Paraded by cops praised by court

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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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Women Are More Violent

Here is a link to an article on BBC online.

Women are more violent

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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:

• Govt version of the bill
• The version by the Lawyers Collective
• The non-negotiables
• Comparison of the DV Act bills

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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Lonely Man With A Lathi: The Indian Police Constable

This is an article written by the SSP of Haridwar about the plight of the Indian police constables. His name is Abhinav Kumar IPS, and you can read about him here.

He talks about what this reservation agitation by the Gurjars is all about.

Here is the link to the IE article: Lonely Man With A Lathi

Here are other articles by him:

• The Second bullet
• Now that the candle light vigils are over

This guy is quite a warrior. You can read about what he did here

Here is an excerpt:

“Journalist-turned-policeman Abhinav Kumar was recently posted to Dehra Dun as Additional Superintendent of Police (ASP). Soon after his transfer, Kumar claims, he discovered that a Rs 1-lakh computer system given to the department by the Oil and Natural Gas Corporation Ltd was neither present in his office nor registered in the property list at the local police lines.

Kumar says that after he made discreet enquiries among the staff members, he was told that the computer was actually installed at the residence of his predecessor, Sharad Sachhan. The ASP says he made verbal requests to Sachhan to return the computer, but Sachhan didn’t do so, forcing him to lodge an FIR against the officer two months ago.”

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An Explanation Of Section 182 Of IPC

This is a judgment of the Punjab and Haryana High Court.

The judgment gives an explanation of Section 182, which is a criminal offence, if a false complaint is made. I hope we’ll see more use of this section, especially in 498A cases.

A word of caution. Section 182 must be filed within 1 year from the date of exoneration.

Here is the excerpt from the judgment:

“Whenever any information is given to the authorities and when the said authority found that the averments made in the complaint were false, it is for the said authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both. When the authorities themselves found in the years 1996 and 1997 after due investigation that the averments made by Ashwani Kumar in his complaint were false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure. The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if offence is punishable, with imprisonment for a term not exceeding one year. Since the offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false. Since more than four years lapsed from the date when the authority found the allegations were false, no question of filing any complaint under Section 182 I.P.C. at this belated stage arises.”

Here is the pdf of the judgment: An Explanation Of Section 182 Of IPC

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The SC Takes The Lead On Police Reform

Here is the link to CHRI

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The Equal Justice Foundation

I came across the website of The Equal Justice Foundation.

Here is an excerpt from their website.

“Arrests without a warrant, forcing citizens from their homes and children with nothing more than the clothes on their back, searches without a warrant, seizures of their property without redress, mandatory arrests often on nothing more than hearsay, assuming the accused is guilty until proven innocent, denial of the right to confront the accuser and obtain witnesses in one’s defense, punishment and imprisonment that occurs before a trial or without one, public censure for crimes men have not committed, indentured servitude and often outright slavery, and more, are acts of a police state and the policies of tyrants.”

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The Emotional Terrorist: Erin Pizzey

This is by a lady called Ernie Prizzy.

What she writes here is applicable to the kind of women proliferating through the Indian society and cheered on by the likes of Indira Jaising in the garb of women’s rights.

Here is the article: Erin Pizzey: The Emotional Terrorist

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Torture By Police Is Frequent And Deadly

I wish The Indian Police force sheds its colonial era task of keeping the masses in line with torture and instead does so as an effective police force.

I just saw this article and I am posting it with reservations. The police play a significant role in this extortion racket. I just wish that they stop hiring themselves out as goons.

I hope this happens in my lifetime. Anyway, so much for my musings,

Here is the link:

Here is the pdf in case the link becomes inactive: Torture By Police Is Frequent And Deadly

Amnesty International On police torture and remedies(pdf)

Here is the pdf of the judgment: Judgement: Shakila Abdul Vs Vasant Dhoble: Sept 2003
DK Basu vs State Of West Bengal is considered to be the landmark judgement to prevent custodial deaths. Here is an Explanation of DK Basu Vs State Of WB

Here are the landmark judgments:

1. D.K. Basu Vs State Of W.B: (1997)

2. Joginder Kumar Vs. State Of U.P.25/04/1994

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How To Catch A Cheating Wife Or Husband

Someone left me a comment on the blog with the link to this site:

http://www.signsofacheatingspouse.net/

The links are messed up, but I added it here ad adultery is a common cause for filing a 498A.

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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.]

Feminism: The Six Frauds

Here is an interesting article:  Feminism: The Six Frauds

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