a torn India, an India of shattered families and fatherless chilren

New Delhi, July 30
If a woman commits suicide within seven years of her marriage, it cannot
automatically be inferred that the incident was abetted by her husband and
in-laws who had ill-treated her earlier, the Supreme Court has held.

"The mere fact that a woman committed suicide within seven years of her
marriage and that she had been subjected to cruelty by her husband or any
relative of her husband, does not automatically give rise to the presumption
that the suicide has been abetted by her husband or any relative of her
husband," a bench of Justices R.V. Raveendran and Mukundakam Sharma said.
The apex court passed the observation while acquitting a woman convicted for
abetting the suicide of her daughter-in-law.

Under Section 113-A of the Indian Evidence Act, a court may presume, on
proof of circumstances, if the victim had committed suicide within seven
years of marriages that her husband or any other relative had subjected her
to cruelty.

"One of the circumstances which has to be considered by the court is whether
the alleged cruelty was of such nature as was likely to drive the woman to
commit suicide or cause grave injury or danger to life, limb or health of
the woman," the bench said.

In the instant case, the deceased Shanti Bai had committed suicide by
setting herself ablaze. The prosecution claimed that Shanti Bai had resorted
to the extreme step as she was unable to bear the harassment by her in-laws.


On the basis of the evidence the trial court in Madhya Pradesh convicted the
deceased's mother-in-law Munni Bai for abetting the suicide and sentenced
her to three years RI, which was affirmed by the High Court, upon which she
appealed in the apex court. The apex court after perusal of various evidence
and records noted that there was nothing on record to prove the
prosecution's claim that the mother-in-law abetted the suicide of her
daughter-in-law. Accordingly, it ordered her acquittal. *— PTI*
**
*LINK :::: http://www.tribuneindia.com/2008/20080731/nation.htm#22*

 Sexual harassment Payment from Boss – 2 lakh Rupees "
" 498A Harassment payment from Husband– 20 lakh Rupees "
" DV Act Payment from Husband – 4 Lakh rupees "
" Maintenance from Live -in -Partner - 2 Lakh rupees "

"Enjoying a free luxury car and house bought with the Extortion money –
Priceless

There are some things money can't buy (like love, affection,family life),

for everything else there is 498A , DV act and the maintenance act .

Meeting with Ms. Renuka Choudhury, WCD:As Renuka fights for women, men
allege torture:Yahoo News
<http://www.savefamily.org/index.php?view=article&id=201%3AMeeting+with+Ms.+Renu\
ka+Choudhury%2C+WCD%3AAs+Renuka+fights+for+women%2C+men+allege+torture%3AYahoo+N\
ews&Itemid=1&option=com_content>

*Meeting with Ms. Renuka Choudhury,
WCD*<http://in.news.yahoo.com/43/20080625/812/tnl-as-renuka-fights-for-women-men\
-alleg.html>

:*As Renuka fights for women, men allege torture:Yahoo
News*<http://in.news.yahoo.com/43/20080625/812/tnl-as-renuka-fights-for-women-me\
n-alleg.html>

Later, after the press conference, the meeting further continued for another 2
hours. Lot of people including Nilandrida took Renuka for a ride.
  Bharat Bacaho Sangathan, Kolkata submitted a memorandum to Ms. Chowdhary. In
the thorough discussions, Ms. Chowdhary finally believed that things were really
bad and she invited proposals from us. We suggested that we have submitted the
memorandum with 29 proposals. Most important, the home ministry should be
consulted immediately and a circular should be issued to all the police stations
in the country with specific instructions not to arrest anyone u/s 498A or 406
if the woman is alive. There should be a thorough investigation and if at all
evidences are available, then the police may arrest the accused with
authorisation of such arrest from minimum DCP or SP rank. The police however
should be made liable for justification of such arrest.
 
The minister agreed that the police attrocities are mainly responsible for all
this. Specially, it is not the women who are misusing the law but it is the
males. The police is males, the advocates are mostly males and the judges are
mostly males. Hence, they misuse it more than the women she said.
 
We also suggested that family matters are emotional matters and need to be
discussed in detail. These cases should be brought out of the ambit of the
police and counseling is the best measure. Call both the parties to sit together
ask them what is the problem. Discuss with them and find a solution with love
and emotion instead of hatred and threatening followed by extortion and
punishment before trial.
 
We also emphasised on the use of section 211 of IPC against false complainants.
Anyone making a false complaint should get an equal specified punishment. If
this happens, no one will ever dare to make a false complaint. In outh words, we
demanded a conviction either of the complainant or the defendant, whoever is at
fault.
 
We also suggested the extensive use of section 3 and 4 of the Dowry Prevention
Act. At the time of marriage, anything given to the girl is a gift. But if due
to any reason whatsoever, the marriage fails, all such articles become dowry. If
anyone claims that he has given a dowry, he should be immediately arrested for
giving dowry u/s 3 and 4 of DP ACT.
Our Recommendations :
 Conviction either of the complainant or of the defendant €
If at the conclusion of the case, the prosecution is able to prove the offences,
the defendant should be prosecuted and severely punished. On the other hand, if
the complainant has made a false complaint, then immediately, the court or the
police should suo motu initiate a proceeding u/s 211 or u/s 182 of the IPC and
the complainant should be punished with the equal term of punishment which
otherwise the defendant was implicated into.
 
We would further recommend the following:
 
1. To convert section 498A into a bailable one.
 
2. To convert section 498A into a compoundable one.
 
3. A circular should be immediately issued
to all the Police Stations in the country with specific directions not to arrest
any person u/s 498A and 406 without thorough investigations and attempts of
counseling where the wife is alive. If any arrest is made, it should be
officially signed and authorized by a SP or DC rank and the police should be
made to justify the arrest with prima facie evidence.
4. The learned court could carefully
consider whether the allegations of the bride are indeed genuine at least
against the in-laws or other relatives of the husband when it directs
investigation under section 156(3) of CrPC for an offence under section 498A.
 
5. The Learned court could carefully take into account whether custodial detention is at all needed for the in-laws and other relatives.
 
6. Arrest should be made only after getting orders from the Magistrate after primary investigation and producing facts and evidences before the Magistrate
 
7. Arrest should not be made before trial in cases where the wife is alive.
 
8. Sections 120B, 177, 182, 211, 199, 200, 209, 499 and 500 of IPC should be extensively used against false complainants.
 
9. If a wife files 498A, the husband should be allowed immediate divorce.
 
10 At the stage of counseling before 498A, the parents and/or relatives of the wife should be strictly prohibited to interfere in the family matter of the daughter. If the in-laws are blamed, after
investigation, the in-laws should be separated from the son of the family. The husband and wife should be asked to stay separately.
11 Counseling if any should be brought out of the ambit of police or government officials and be handed over to different NGOs working in this field hence making sure that it is a real counseling and not a threatening process.
 
12 To replace the word  husband or wife with the word  spouse in all related laws, so as to ensure equality in law for men and women.
 
13 Make provisions for a man to file complaint when a wife and in-laws harass him and commit cruelty. Create sections 498B and 304C in IPC to protect men and women in his family when the perpetrators of crime are daughters-in-law and their family.
 
14 Make provision for penalty on a false complaint by amending IPC 498A. Lodging a complaint u/s 498A IPC has become a tool of manipulation, legal blackmail and legal terrorism in the hands of certain unscrupulous people.
 
15 Speedy and fair trial in all marital disputes.
 
16 Make registration of marriages compulsory. Gifts at time of marriage must be listed and photographed.
 
17 Make extensive use of section 3 and 4 of the Dowry Prevention Act.
 
18 Strict conviction of either the complainant or the defendant.
19 No negotiations be allowed at the cost of money/property/gift whatsoever and the faulty should be severely punished.
 
20 For any negotiation or exchange of amounts made, both the parties should be made liable for prosecution on recommendation of a third party.
 
21 Ensure fair and unbiased investigation & trial of Dowry related complaints, which is totally in favor of daughter-in-law and disregards the trauma caused to mothers and sisters due to a false complaint. Judiciary and enforcement agencies must recognize the possibility of wives and
daughter-in-law maltreating the husband and old in-laws or other vulnerable members of the husband  s family.
 
22 Distant relatives not routinely living with the couple should not be allowed to be named in the complaint and excluded routinely.
 
23 Fathers should not be routinely deprived of child custody by assuming mother is the best for the child. Child should not be made to choose between parents and joint custody be preferred.
 
24 No Passport surrender and unnecessary travel restrictions should be imposed at the time of bail. Passports should not be impounded and restrictions of going abroad where wife is alive should be lifted with a condition that the husband should appear in the court as and when
summoned.
 
25 Elder abuse in the name of IPC 498A should be absolutely stopped.
 
26 Government employees should not face compulsory suspension in case arrested due to a false complaint.
 
27 Legislation involving domestic issues should be enacted keeping in view the preservation of institution of marriage and not based on gender bias.
 
28 82% of the individual income tax collected in the country is paid by men. Spending is all done for women only. Animals in the country have a welfare ministry. Now is a need for opening of a Men  s welfare ministry.
 
29 Unlike the Crime Against Women Cells, Crime Against Men Cells are also becoming need of the hour. 

Read here

-----Original Message-----
From: pk Ganguly [mailto:tkganguly2004@ yahoo.co. in]
Sent: Thursday, June 19, 2008 10:08 AM
To: bonani.dhar@ un.org.in
Subject: 498A perpective from an NRI

Hello ,
I wish to express my perspective to a highly intellectual and learned
person like yourself rather than shouting to of the government's deaf
ears .

India has always been proud of 2 things ,
1) Its NRI's who make India proud around the world
2) Its strong family system

Lately in the last 5 to 6 years it has been seen than there has been
a systematic disintegration in the very fabric of society due to the
false and ruthless and unbridled use of laws like 498A and DV act .
These acts have been used to systematically extort money and harass
NRI's and Well to do Indian families . You will rarely find a Bus
conductor or a Rickshaw puller in India suffering under a DV act .

I want to clarify that I am totally for protection of women and their
progress , because a strong nation need strong and progressive
women . But in its quest for women empowerment the Govt has knowingly
or unknowing handed a loose canon to women who brandish it to extort
money and make the groom's family submit to her needs . In this
process the National Commission of women who calls itself the
champion of women's rights in India becomes a mute spectator when the
Wife's rage in the form of a false 498A becomes a trap for a innocent
mother-in-law or a resident or non resident sister in law .

On one side India expects NRI's to controbute and pump money back
into the economy , on the other side the NCW villifies NRI's in
every attempt they get .


Recommendations
************ ********* *

1) Severe punishment to women who misuse the law . All weapons and
laws have safety locks , this 498A needs to have one . You can use it
to defend itself but it should not be used a weapon of choice in an
offense. The women using a FALSE 498A deserves a greater punishment
than Dowry harassment laws prescribe because she has now caused
Police harassment , Law Harassment , Emotional and Financial
Turmoil . She also needs to be charged with murder if any of the
members mentioned in the false accusation commits suicide because of
the harassment caused .

2) Stop funding rouge agencies like CAW and NCW ( Also referred to as
the national commission for Wives ) . These agencies are like the
Satan in disguise as they are the agencies who are mainly responsible
for the harassment and torture that thousands of false implicated
women have to suffer at the hands of the police everyday in India
because of false 498A's. These agencies should not receive any US tax
payer donations unless they adhere to basic human right principles
and draft laws whch are more civil .

3) Make a Mens Welfare ministry in India which will deal and lobby
for Mens rights .


Thanks ,
Arnab

--------------------------------
Bonani Dhar <bonani.dhar@ undp.org> wrote: Dear Arnab,

I am just too facinated by you mail, which is a true reflection of
the Indian Society. You have held a mirror indeed and let the
reflection fall on this. I agree with you fully on your points and I
am forwarding this mail to the paltform, from where it should be seen
by the Standing Committee on Women's Reservation Bill. The committee
must look into the other side of the coin as well. I am totally pro-
active and these are my views and not my organizations. Having
worked for more than a decade with the World Bank I have visited most
of the rural areas in remote corners, had the opportunity to meet
NGOs and activists and look at people's plights.

However, I shared with the Community that I am leaving the UN on 26
June 2008 and shall have to do alot of my unfulfilled tasks to
complete. While my mobile number remains the same, my personal email
would be : bonanidhar@rediffma il.com. Please do keep in touch. Also
if it is possible to meet you, it would be nice.

Interestingly, you have written your name as Arnab and the email is
different, I hope I am writing to the same person. Please respond and
I would appreciate that.

My warm good wishes,
Bonani Dhar

----- Original Message ----
From: Arnab Ganguly <arnab221@...>
To: saveindianfamily@yahoogroups.com
Sent: Thursday, June 19, 2008 10:36:38 PM
Subject: [SaveIndianFamily] Reply from Bonai Dhar of United nations .


Dear Bonani ,

Thanks for the prompt reply . I am really pleased to know that we are
finally being heard . Laws are formed based on the constitution of
the society and the societies change with time . Nowhere has society
changed faster than in countries like Indian and China over the last
10 years . Things have moved at such rapid pace that we are the in
the digital age but with laws that are still from the days of the Raj.

Section 498A is an excellent shield in the hands of the truly
suffering, it provides then instant relief and protection. I use the
words "truly" very carefully here because according to the statistics
98% of the 498A cases filed in India are FALSE. The abuse under this
section has been phenomenal in the last 4 to 5 years. The
government's drive to bring out the truly suffering has badly
misfired and it has actually brought out unscrupulous women who
almost always influenced by their male relatives unleash wave after
wave of "Legal Terrorism " on the accused and then get away scot
free. Although the so-called accused party almost always is released
since the cases are mostly false to begin with, they are made to
suffer by dealing with the Indian Police and Judiciary for 4 to 5
years, which is punishment in itself.

The very constitution of the law leads to its misuse. Let me go
through the nuances and the draconian elements of the law one by one.
We really cannot expect to give a loaded and cocked gun to a
irresponsible user and then expect him not to fire it. Why give her
an unsafe gun to begin with?

1) Just a simple complaint of Dowry harassment is enough for
the police to arrest the accused. (Whereas even in a murder charge
the police is bound to investigate the prima fascia before they can
make any arrests.)

Recommendation: - No arrests without solid evidence that the crime
is indeed have been perpetrated. Just the verbal accusations and a
sobbing woman should not be the basis for a CRIMINAL case to be
registered. Police can however begin investigation and review the
evidence provided at this stage. Arrests would need written
permission from the senior police officials. The investigation must
be completed before any case is filed. Arrests must be done only if
it is proven beyond doubt that the case is indeed one of dowry
harassment and not one of a women out to make a quick buck with her
relatives.

2) The accused is proven guilty until proven innocent.

Recommendation: - In India just the mention of "Dowry" from a wife
of a well to do person or an NRI becomes a magnet for the police and
the women's cell and NGO's . The word "Well to do" is of prime
importance here because how many times have you come across a wife of
a Road side hawker or a Bus conductor being helped by NCW or CAW or
women's cell .

These agencies all try to sympathize with the well to do wife and
advise her not to waste any more time and file a 498A as soon as
possible . Once the case filed the Indian Judiciary system itself
becomes the woman's henchmen and extortion starts. The recommendation
here is to put the burden of proof on the accuser and not the accused.

3) The case is not compoundable.

Recommendation: - Although some states have made it compoundable
most have not . Making it compoundable has its own disadvantages , it
gives a chance for the Wife's party to come for a compromise and
demand a astronomical amount as "compromise money". The various
parties who normally get a cut of this amount are the Relatives of
the wife , Police , Judiciary and the Wife herself .

4) No 498A 1 year of the date of crime: This has become a tool
for extortion as long as the husband is alive. There have been
instances where the 498A case has been filed after the husband and
wife split for 20 or more years.

5) No 498A after divorce: - Husband and wife have parted ways
and the each has his and hers own happy lives .Pat comes the Police
one day after 5 years of the divorce and arrest you and your family
saying that your previous wife came to police station with a
complaint that she was not given food to eat in the house 5 years
ago!!! . This must not be allowed

6) Marriage registration: - Register marriages through the
women's cell. Any marriages registered through the Woman's cell would
have the proof that no Dowry was ever demanded and paid and such
wife's should be barred from filing 498A cases


7) Punishment for the false accusers :- Today where 98% of
cases filed under 498A are found to be frivolous , there is no
action taken against the false accusers .The FALSE accusers must get
severe punishment and this must be publicized so that the other
unscrupouls ones get a warning that extortion racket like these wil
not work any more


8) Stop funding for the CAW and NCW :- These organizations are
for the protection for women and unless their tas is not just to
issue loose canons to Wifes to extract money and inflict pain and
suffering to the husbands family . These organizations must frame
laws to and protect the women in the role of Mother-in-law and
sister-in-law from the false 498A cases of the wife . Unless these
happen NCW must change its name to National Commission for
(Unscrupulous ) Wives , because the actions and the laws that
organization frames just encourages the cruel and scheming wife to
get away with heinous crimes , while denying justice to the real
women who need it .


We no doubt need to empower women in our country and every woman has
the right to be treated well by her husband. No man should have the
right to ask for any dowry and Dowry seekers must be punished. But
while we are doing this we must also see that the accusers in the
98% false cases are severely dealt with and penalized for using the
Indian Judiciary to unleash "Legal terrorism".

Also since you are leaving if possible , could you send me

Thanks,
Arnab

http://www.saveindi anfamily. org/
http://498.org

 

 

Also available at http://cid-5dde59ad8dde9bde.skydrive.live.com/self.aspx/Public/Arrest%20guidelines%20in%20case%20of%20498a.doc

 

http://timesofindia.indiatimes.com/Hindu_Marriages_Act_breaking_homes_than_uniti\
ng/articleshow/3138462.cms
 NEW DELHI: Expressing concern over an increasing number of divorce cases
flooding the courts, the Supreme Court on Tuesday observed that the Hindu
Marriages Act had done more harm to the family system in the country than
strengthening it.

"The Hindu Marriages Act has broken more homes than uniting," a vacation Bench
of Justices Arijit Pasayat and G S Singhvi observed.

The apex court regretted that the growing number of divorce cases in the country
was having a disastrous effect on children of families which get broken in such
a manner.

Enacted in 1955, the Hindu Marriages Act which had undergone several amendments
till 2003 contains various provisions for validity of a Hindu marriage,
restitution of conjugal rights and divorce, the latter being a concept evolved
from the English law.

"Even at the time of marriages, anticipatory divorce petitions are being filed,"
the Bench remarked sarcastically.

The apex court passed the observation while dealing with a petition filed by a
divorcee for seeking his child's custody.

"Ego should get dissolved for the sake of the child," the Bench remarked even as
the separated parents tried to air their views.

The apex court told the separated couple that it was more concerned with the
welfare of the child, rather than the mutual recrimination between the two.

"Ultimately the child suffers. If it is a girl the trauma is more, particularly
at the time of the marriage of such children," Justice Pasayat speaking for the
Bench observed.

The apex court lamented that the provisions provided in the Hindu Marriages Act
for granting divorce on the grounds of spouses suffering from diseases like
leprosy, mental illness were being misused by some couples.

"In those days our forefathers never had such problems," the apex court observed
while stating that marital disputes during the olden days were sorted out within
the four walls of the house.

In this case, Gaurav Nagpal through counsel Manik Karanjawala had sought custody
of his 11-year old son.

Nagpal had filed the appeal after the trial court and the Delhi High Court had
both granted the custody of the boy to his estranged wife Sumedha Nagpal.

There was high drama during the hearing of the case when Gaurav asked his wife
to give him an hour time to sort out certain differences between.

But even before the court could give its views on the plea, Sumedha bluntly
rejected the idea.

"It's just an eyewash your Lordship. He has been beating me and my father,"
Sumedha told the Bench, which however, said that it would not go into the merits
of the case at this juncture.

Instead, the Bench said it would personally talk to the couple in chamber during
the afternoon.

The matter was also listed for further hearing on Wednesday
http://indianjudgements.blogspot.com

 

 

 

Ref: http://www.ourkarnataka.com/Articles/law/conjugalrights.htm

"Before the Andhra Pradesh High Court, the constitutional validity of section 9 of the Hindu Marriage Act, 1955 was challenged. In T. Sarutha V/s T. Venkatasubbaiah, AIR 1983 AP 356, the Hon'ble Court observed that "section 9 of the Hindu Marriage Act is violative of right of privacy and human dignity guaranteed under Article 21 of the Constitution of Indian Republican and is, therefore, ultra vires the Constitution. It denies woman her choice whether, when and how, her body is to become the vehicle for the procreation of another human being…."