Thursday, January 31, 2013

Short marriage ! Big Salary ! 498a ! arrest and in Big $hit !

Question by yet another husband : 
  • The Short marriage was a disaster; We were completed cheated into it 
  • Wife left me and my family mentally mauled, abused and defamed in the locality / society
  • Now to add to it she has filed a complete false and concocted IPC 498a case at ______
  • I was arrested and released /or/ My father / mother / sister were arrested but obtained bail 
  • I have filed for ___divorce___ /or/ ___annulment____ /or/ restitution___ case
  • I do NOT want to pay a single penny maintenance as she does NOT deserve anything
  • Should I leave my job ? What else should I do ?
Short answers [I am NOT a lawyer and this is NOT a legal advice !!, I am sharing my hard earned experience here !!
  • The above questions are common these days; While all above points MAY not be true in every case, some permutation of combination of the misery exists 
  • I was hit by a false 498a approx 13 years ...yeah more than a decade ago...
  • I though things will change ....will improve... sadly not much has improved 
  • More and more honest, law abiding men are being sucked into such terrible marriages
  • While it is difficult to answer all questions on a single blog, while it is difficult to understand all the permutations and combinations or guess the future course of events, some basic clarification is given below 
Basic facts first
    • I) THE 498a SAGA and related :
    • The 498a case as you must have known is a criminal case that charges (a) you (the terrible thing called husband) treated her soooo very cruelly that it would cause great mental cruelty and /or danger to her life and limb and (b) *alleges* that you or your relatives did all that mental / physical cruelty for dowry [ref Note @ below] 
    • This is a weapon .... a boomerang that goes round and round .... with the idea of harassing you , but IN THE BARGAIN trying to get money from you 
    • Today's Marriage itself is money ... 
    • Today's marriage is a trap for the honest male
    • Why ??? Sincere hard working men who work as clerks NEVER get highly software girls as wife, the oh so loving software creatures will always *marry up* and now that you have touched her pristine pure c____t, you better pay .... sorry IF I broke forum rules here 
    • Having said all that, LEGALLY speaking, the 498a case itself does NOT lead to payment of money, just as a murder case (another type of criminal case) does NOT mean the murderer can pay Rs. xyz to the murdered or the injured and get away from the accusation !
    • Criminal trials of this nature are long and arderous the conviction rate is close to NIL ...repeat NIL ... not the 2% flouted around AS LONG as the wife is hale and health and a software b___t running or not running around trees
    • II) NULLITY /or/ Divorce /or/ restitution : 
    • We do NOT know how you filed for divorce or annulment or RCR or who advised you to file for such a civil case. 
    • Civil cases to get out of a marriage are a pain
    • After every such civil case for Divorce or RCR the wife can easily file for interim maintenance
    • the interim maintenance can run for ages and the man milked during that period
    • Filing for divorce without the best of proof is at best a futile exercise  at worst a huge drain of money and time 
    • We only hope you have VERY strong arguments and proof FOR the case 
    • III) Maintenance ... do I give up my job ???: 
    • Yes ... after filing the first salvo on 498a, most probably ex or ex's emissaries will approach you with huge ransom to be paid 
    • Most probably you will tell them to go forth and multiply
    • Angered by you NOT submitting to their will and pleasure, Most probably they will try and file for maintenance .... a very hefty maintenance .....all in the name of justice 
    • YES maintenance IS a pain, "maintenance by man" is an oxymoron when used in conjunction with equality , so most people think of loosing their job
    • the PRIME question you should ask is, is loosing your job affecting your career ? will it affect your short or long term career / sanity , and WILL / will NOT wife be able to prove your earning EVEN if you take up alternative employment
    • So NOT act in haste
    • think you have lost your mobile phone, think you are at home without answering that blackberry or that cracberry or that customer's call or that con call and think you are staring as a free lace with a shoulder bag ...... THINK hard for a week and IF you can't take it for a week, DON'T do it 
    • IV ) Ok old man Vinayak, I (husband) DON't want to pay sati savithri ...come what may why give me this bhaashan ....tell me about the maintenance which ....... will take away from me 
    • ===================================================
    • considering the SHORT marriage 
    • In case you do NOT have children 
    • and THAT she and you may both be young (meaning wife will be under pressure soon to get married ... ???)
    • and that wife may also have a career and can't sit at home for long 
    • there are at least a dozen angles OUTSIDE of loosing your job that you can do to (a) delay (b) reduce (c) frustrate the opponent on maintenance / alimony 
    • already this is getting too long on a mail.....
    • so meet experts / weekly gurus at weekly meets !!!
    • Note @
    • Section 498A in The Indian Penal Code, 1860 498A. Husband or relative of husband of a woman subjecting her to cruelty.-- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 
    • 1. Chapter XXA inserted by Act 46 of 1983, s. 2. 
    • Explanation.- For the purposes of this section," cruelty" means- (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

    Wednesday, January 30, 2013

    Dowry harassment case: Retired armyman pleads for mercy killing

    This case shows how the lives of innocent men , the lives of their parents and others who have sacrificed for this country is held to ransom by FALSE dowry cases

    False 498a case is the easiest way to milk honest law abiding citizens of India

    The system is SO badly corrupt and so lethargic that men want to end their lives rather then live in this rotten, corrupt system 

    Over the last five years, married men committed twice the number of suicides as compared to married women

    Still IF  single "wife"  dies the country raises up , while a million mother and million fathers struggle, no one cares !!!!

    Sad ...sick ...careless and misandric system which will learn the lesson when its too late ...i.e. when these same sad ... sick people are hit by other false cases

    Subu Subramaniam

    Dowry harassment case: Retired armyman pleads for mercy killing

    JAMSHEDPUR: A retired army man on Tuesday submitted a petition to the President of India seeking mercy killing, apparently annoyed at the slow progress of justice after being "falsely implicated" by his son's in-laws in a dowry case.

    A distressed Ramnath Das, who was employed with the mechanical wing of the Electronic Mechanical Engineering Corp of the Army, appealed to Pranab Mukherjee to ensure early justice to him or permit him to end the life willingly. "The agony of this dowry case has troubled my family to such an extent that in the last two years most of the members of the family have gone into depression and are ailing from various psychological problems," the letter addressed to the President reads.

    A resident of Gadra in Pursudih, Das said his 30-year-old son Praveen, who is employed with Navi Mumbai-based JSW Ispat Ltd, had married Vibha of Kasidih on November 23, 2010. "From the early days of the marriage, her (the daughter-in-laws') family has been pressuring Parveen to stay with them, much to the opposition of my son," the 57-year-old said which, according to him, prompted the woman's family members to plot schemes to harass them.

    Finding no respite from the day-in-day-out quarrel, Das, who retired from the Army in October 1989, approached the local police station and the SSP for action against the in-laws.

    "When they (the in-laws) found that I have approached the police, they also filed a petition at the chief judicial magistrate's court (in early 2012) under section 498 A of the Anti-dowry Act and falsely implicated us," said Das. Soon, summons were issued against Das, his wife Sunita and son Praveen. Das and his wife approached the court for anticipatory bail and were granted.

    "But given that my son, who stayed in Mumbai, didn't appear in person for seeking bail, arrest warrant was issued against him. We approached the Jharkhand high court for anticipatory bail. But the court denied bail and he surrendered on Monday," said Das who is currently engaged in a part-time marketing job of a finance company.

    The ex-serviceman said the agony had demoralized his entire family, including two daughters and three sons, and now he finds no reason to live anymore.

    "For the last 13 months, I have been waiting for the judiciary to delivery justice to my family that has been falsely implicated in the Anti-dowry Act by the family of the daughter-in-law," a visibly distressed Das said after submitting the mercy petition at the deputy commissioner's office on Tuesday.

    He said the respect of his family in the society was diminished ever since the matter surfaced in public. "It is not a matter of one individual. Hundreds of innocent families in the country are suffering owing to inept handling of the dowry cases by the law enforcing agencies and judicial machinery of India," Das said in the petition.

    Tuesday, January 29, 2013

    what ? why so soon ? 23 years on, man acquitted in dowry death case

    23 years on, man acquitted in dowry death case

    MAYURA JANWALKAR : Tue Jan 29 2013, 00:46 hrs
    Twenty-three years after a woman allegedly committed suicide, Bombay High Court (HC) acquitted her husband of the charge of dowry death. The court said it could not be proven that the woman was harassed for dowry 'soon before' she died.
    "Since there is no provision of law which would also warrant presumption to be drawn that the victim was subjected to cruelty 'soon before' her death, as far as dowry death is concerned, conviction of the appellant cannot be sustained," Justice R C Chavan said.
    HC acquitted Manohar Patil of section 304-B that pertains to dowry death and attracts a minimum punishment of seven years in prison and a maximum of life imprisonment. However, it upheld Patil's conviction for abetment of suicide and harassment.
    Patil, who had served six months in jail before being released on bail, was handed a three-year sentence and asked to surrender before the trial court in six weeks. "We will challenge the conviction in the Supreme Court," said Patil's lawyer Samir Vaidya.
    According to the prosecution, Powai-resident Patil, who works as a security guard, got married to 18-year-old Kalpana on May 13, 1990. Soon after the marriage, the victim was being harassed as she had not fulfilled her husband's demand for a wrist watch, an electric fan, sarees and Rs 10,000 cash, the prosecution claimed. The victim allegedly told her brother on May 29, 1990 that her husband had been harassing her for dowry.
    On June 13, 1990, when the victim's sister and sister-in-law, they said in their statements, Kalpana had burn injuries on her hand and her face was swollen.
    Though Kalpana died on June 25, 1990, the court observed that she had last complained about ill-treatment by her husband on June 15, 1990. She had stated that her husband had smashed her face against the wall and inflicted burn injuries on her. When her brother visited her on June 21, 1990 she had not reported fresh instance of ill-treatment, the court noted.
    "...there is no fixed formula as to what constitutes 'soon before' commission of suicide," Justice Chavan wrote in his order.
    Vaidya said Patil had remarried and has two school-going children. Patil had been living a peaceful life for the the last 23 years, Vaidya said, and urged court to spare him imprisonment. The court said the trial court had rightly held him guilty of abetment of suicide and harassment.


    changed circumstances ...example wife getting employed may mean maintenance to wife could be stopped

    Sec 125 maintenance is based on the responsibility of a person to maintain his wife or parent or child who does NOT have sufficient income

    However IF a decree was made when the wife did NOT have sufficient income and subsequent to that decree IF the wife obtains a job such changed circumstances could be brought to the notice of the court and this may lead to denial of maintenance for the wife

    ------------------- case law ---------------------

    Uttaranchal High Court

    Vikas Jain vs Smt. Deepali @ Ayushi Jain on 25 October, 2010

    CRIMINAL REVISION No. 88 of 2002

    Vikas Jain ..... Revisionist
    Smt. Deepali @ Ayushi Jain ......... Respondent

    October 25, 2010

    Mr. Arvind Vashistha, Advocate for the revisionist. Mr. Tapan Singh, Advocate holding brief of Mr. Lok Pal Singh, Advocate for the respondent.


    This criminal revision has been preferred against the judgment and order dated 4.9.2002 passed by the Principal Judge, Family Court, Haridwar in Case No. 66/2002, Deepali Jain v. Vikas Jain u/s 125 CrPC, whereby the Principal Judge, Family Court has allowed the said application of wife/respondent and awarded the consolidated maintenance of Rs. 5000/- per month for the respondent and her minor son with effect from the date of making the said maintenance application i.e. 22.5.2000.

    2. Briefly stated facts of the case are that the respondent moved an application with the averments that she was married to the revisionist as per Hindu rites on 21.11.1996 and her parents had given dowry according to their status. A son born out of the said wedlock on 26.2.1998. Revisionist and her in-laws were not happy with the dowry given in the marriage and they demanded Rs. 50,000/- as well as some other articles like TV, fridge, scooter etc. They started harassing the respondent for dowry. She was also abused and beaten. Ultimately, the respondent was ousted from the house of her in-laws on 5.3.2000. They also did not return her stridhan. Subsequently she suffered paralytic attack and became handicapped. With these averments, she moved the aforesaid application claiming maintenance of Rs. 5000/- per month for herself and her minor son by stating that she 2
    is handicapped and she is unable to maintain herself and her minor son, whereas the revisionist earns Rs. 20,000/- per month through marketing business and he has got no other responsibility.

    3. After hearing learned Counsel for the parties and after appreciating the evidence on record and considering the facts and circumstances of the case, learned Principal Judge, Family Court allowed the aforesaid application of the respondent and directed the revisionist to pay the maintenance of Rs. 5000/- per month for the respondent and her minor son with effect from the date of making the said maintenance application. Being aggrieved, the revisionist has preferred the present revision before this Court.

    4. I have heard learned Counsel for the parties and perused the papers available on record.

    5. Perusal of impugned judgment and order dated 4.9.2002 reveals that the court below has considered all the circumstances in the entirety. Moreover, it is not the case of the revisionist that respondent is having some other source of income from which she can maintain herself and her minor son. Furthermore, it is undisputed that the respondent suffered paralytic attack and became handicapped, whereas the revisionist was engaged in marketing business at that time and had got sufficient means to maintain his wife and minor son. In these circumstances, revisionist cannot shirk himself from the responsibility of maintaining his wife.

    6. But learned Counsel for the revisionist argued that subsequently the respondent has been given appointed as a teacher in Govt. school vide order dated 24.12.2005 and now she has got enough income to maintain herself and her minor son. Learned Counsel for the respondent also admitted that now the respondent is in regular Govt. service. Copy of the appointment order dated 24.12.2005 and salary certificate of the respondent have also been produced on record. Learned Counsel for the revisionist also argued that now the revisionist has left his previous job and he is unable to pay the monthly maintenance of Rs. 5000/- to the respondent.

    7. Having heard the submissions of learned Counsel for the parties and in view of the aforesaid changed facts and circumstances of the case, the Court is of the view that now the respondent is not entitled to get any maintenance from the revisionist as she has been appointed as a teacher in Govt. run school vide appointment letter dated 24.12.2005 and thus she has got sufficient means to maintain herself. However, the revisionist cannot shirk himself from the responsibility of maintaining his minor son. Therefore, it is held that the respondent is not entitled to get any maintenance w.e.f. January, 2006 as she has been given appointment vide letter dated 24.12.2005. However, revisionist is directed to pay Rs. 3000/- per month to his minor son with effect from the date of the impugned judgment and order i.e. 4.9.2002 till the date of attaining his majority. It is further made clear that arrears of maintenance @ Rs. 5000/- shall be paid to the respondent w.e.f. from the date of impugned order i.e. 4.9.2002 till December, 2005.

    8. In the result, the revision is partly allowed. Judgment and order dated 4.9.2002 passed by the Principal Judge, Family Court, Haridwar in Case No. 66/2002, Deepali Jain v. Vikas Jain u/s 125 CrPC stands modified to the extent indicated above. Interim order dated 4.10.2002 stands vacated. Arrears of maintenance after adjusting the amount already given in terms of the interim order dated 4.10.2002 shall be paid to the respondent within three months from the date of this order.

    (Dharam Veer, J.)



    Indiankanoon dot org

    If the judiciary starts punishing false cases, 99% of false 498a will disappear in one year !!

    most of these false cases are in the middle and upper classes

    IF the judges really care about false cases and IF the judges punish the false case filing female with say 10 lakhs or 20 lakhs fine per head, 99% of the false cases will stop ..... yeah just stop

    but NO one cares, no one punishes false case filing women

    a false case is a waste of police, judiciary and other precious resources paid for by the tax payer

    for an un scrupulous woman, FILING a false 498a is easier than ordering pizza; IT WAS so 12 .. 13 years ago ; Sadly IT STILL is

    so this nonsense of false 498a cases continues un abated

    ==================== news item below ====================

    High court alert on 498A

    The high court on Thursday observed that some women were abusing IPC Section 498A to harass those the clause aims to protect them from — husbands and in-laws.

    Justice K.S. Ahluwalia made the observation while quashing criminal charges against Mita Bhaduri and her husband Tapan, who were fearing arrest in connection with a case under section 498A (cruelty by husband or relatives of husband) lodged by her sister-in-law Maumita Maitra.

    “The proceedings against the petitioners (Mita and Tapan) will be an abuse of the process of law. The FIR, along with all proceedings against the petitioners, is quashed,” Justice Ahluwalia said in his three-page order.

    Quoting a Supreme Court ruling, Justice Ahluwalia said: “The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating all immediate relations is also not uncommon. The courts have to be extremely careful and cautious while dealing with these complaints and must take pragmatic matrimonial cases.”

    Legal experts in the city welcomed Justice Ahluwalia’s view, which they said had highlighted the tendency of a section of women and their family members to misuse article 498A and lodge false complaints against in-laws.

    “If a woman lodges a complaint of torture against her husband or any of her in-laws within seven years of marriage, police will have to arrest the accused first. No investigation is needed to arrest the accused or family members. Many women misuse the law to falsely implicate their husbands and in-laws,” said lawyer and former mayor Bikash Ranjan Bhattacharyya.

    Maumita, a resident of Khardah, on the northern fringes of the city, had married Atanu in December 2002. The couple, who had been living at Atanu’s house in Sodepur, have two daughters — Arunima, 7, and Archisha, 5.
    In December 2012, Maumita had lodged a complaint of torture against her husband, sister-in-law Mita and her husband Tapan.

    Mita and Tapan — the couple got married in 1983 — live at Sinthee, around 12km from Atanu’s house. They moved a petition in the high court, seeking quashing of the proceedings against them.

    The couple’s lawyer Debabrata Chatterjee submitted: “Maumita had complained that she had been regularly subjected to mental and physical torture by my clients. Is it possible? Mita and her husband have their own family. Why will they go to Sodepur regularly and torture Maumita?”

    The judge observed: “It’s a fact that Mita and Tapan lived far way from the complainant’s house. The sister, who got married 19 years before her brother’s wedding, had nothing to do with the brother’s matrimonial affairs.”


    Monday, January 28, 2013

    oh the poor thing... what will she do ..tut tut .... she just used acid instead of mehindi !!!

    who said women are NOT as capable as the worst terrorists ???? in spite of 84 laws on hand that protect women, in spite of the society falling over one another to support women .... they also use acid !!! 

    Woman throws acid on three siblings over property dispute

    MumbaiA Bandra-based woman on Monday was charged for attacking her three sisters and one-year-old niece by throwing acid at them. She was reportedly angry after being denied more than her share of the family property. The accused's teenage son is also wanted in the case.

    According to the police, accused Najma Jagirdar, 35, had a share in her mother's property in Nallasopara. After her mother's death, the property was sold off and the amount was equally divided between Jagirdar and her four sisters.

    According to the police, Jagirdar, after getting her share, started demanding an additional amount of Rs. 50,000, as she was the eldest among the siblings. "However, Jagirdar's siblings refused the demand," said police inspector DS Patil of Bandra police station. This created a rift between Jagirdar and her siblings, and they would often quarrel about the issue.

    The officers added that on Monday, Jagirdar called her sisters to her home near Bandra reclamation, saying that her husband, Iqbal, was not well and that he had been vomiting blood. Her three sisters, Saira Bano, Daulat Bi, and Reshma, went to her place on Monday evening to visit their supposedly ailing brother-in-law.

    A police officer said that while they were having tea, Najma's 18-year-old son Zeeshan Ali got a white bottle and threw acid from it on the women. In the meantime, Jagirdar also removed a similar bottle from her purse and threw the acid at them.

    After the sisters raised a cry, neighbours informed the police about the incident. "We have launched a hunt for the accused," added the officer.


    If you touch me I'll castrate you; If you don't touch I'll pour acid !!

    Who said women are not as capable as the terrorists ??? Well ...Well...Well... we have some very capable women who can take out a bottle of acid from their vanity bag as if it is just a bottle of perfume and throw it on a man's face

    simple rule; If you touch a women, you will be castrate; 

    If you refuse to touch in this case, you will be doused with acid

    Any which way, getting anywhere close to a woman is dicy 

    ===================== news item =============================

    Woman throws acid on boyfriend's face

    New DelhiA 24-year-old woman threw acid on the face of her boyfriend in east Delhi on Sunday after he failed to fulfill his promise to marry her, police said.

    Arti Dikshit, a resident of Yamuna Vihar, attacked Vineet Kumar, 25, at Cross River Mall in Anand Vihar. She feared that he was about to desert her, police said. 

    "We received a call and rushed Vineet to hospital. He suffered 45 per cent burn injuries," Additional Deputy Commissioner of Police Asif Mohammad Ali told IANS.

    Police found Arti in Surajmal Vihar, near the mall. "We have detained her and informed her parents," said Ali. 

    Arti called Vineet, a resident of Maujpur, to the mall on the pretext of watching a movie. After spending two hours, they entered into an alteration over the issue of marriage, police said.

    During the argument, she took out an acid bottle from her purse and threw acid on Vineet's face.


    Saturday, January 26, 2013

    Widow hires killers to finish two sons to get remarried

    Widow hires killers to finish two sons to get remarried

    TNN Dec 10, 2011, 11.19PM IST

    RAJKOT: A 40-year-old widow was arrested for hiring a contract killer to bump off her sons who objected to her second marriage.

    According to the police, Kundan Dobariya, a resident of Khirsara village in Jetpur taluka of Rajkot, started selling liquor after the death of her husband, Jayantibhai, three years ago. She fell in love with one of her customers, Ravat Khuman, 30, who is from the same village. But her sons, Vijay and Ashok, were not ready to accept their mother's new relationship. "So, she conspired to kill them," said the police.

    According to Premvir Singh, SP, Rajkot rural, the murders came to light when inquiries were done in connection to the discovery of an unidentified man's half-naked body on the banks of a river near the village on November 29. When the cops asked about people missing from the area, they found that Vijay Dobariya of Khirsara village was missing since the last fortnight. They were surprised that his mother had not filed a missing complaint and suspected of something fishy.

    When Kundan was called in for questioning, she confessed to her role in the murder of not only Vijay but also of Ashok, who went missing six months ago.

    She had hatched a plot with her lover Ravat. On November 24, they had a 'bhajiya' party at her house where Ravat and a labourer, Dinesh Babariya, 28, a native of Islampura in Sami taluka of Patan district, drank liquor. Since it was midnight, when the party ended, Vijay offered to drop them on his motorcycle.

    Half-way through, Dinesh asked that he be dropped there itself as he wanted to walk the rest of the distance. "Dinesh then stabbed Vijay from the back and buried his body near Surva River," Premvir Singh said.

    Police said that Dinesh confessed that they killed Ashok the same way. He said he received Rs 5,000 for each murder. Ashok's body was found by the riverside on August 27, 2011, but the identity could not be established then and the case had remained unsolved.


    We direct the CPIO to furnish the information pertaining to the net taxable income of Shri Munna Lal Saini, the father-in-law of the Appellant,

    In many situations where fictitious dowry claims are made on hapless husbands, and where it is clear that the wealth so mentioned as dowry was NEVER subject to tax, filing a tax evasion petition becomes a duty rather than just a strategy

    Then questions as to ... ".... Do I have the Father in Law's PAN #?...", "...will the Information officer or the Assessment officer at the IT office give me information ...." etc come up

    In a landmark judgement the Central Information commission ordered "...18. We direct the CPIO to furnish the information pertaining to the net taxable income of Shri Munna Lal Saini, the father-in-law of the Appellant, for the period of year 2000 till 15.09.2009 (i.e. the date of the Appellant’s RTI Application) to the Appellant within 10 days....."

    A copy of the judgement is enclosed here for easy reference

    This is a must read for all those fighting for justice



    Friday, January 25, 2013

    My dear Feminist : Don't worry

    Dear Feminist : don't worry; very soon your son, your nephew, cousin ...friend....a male know to you, a male you love would be trapped in a false RAPE CASE; When he is being dragged for castration all the women's lib you have fought for will do you good #karma_catches_up

    IF a man commits rape, arrest his boss and ..... !!!!

    News !!

    The J S Verma Committee has recommended the introduction of a new section 376F in the Indian Penal Code (IPC) for offence of breach of command responsibility. The proposal is to hold responsible "whoever, being a public servant in command, control or supervision of the police or armed forces...or assuming command whether lawfully or otherwise, fails to exercise control over persons under his or her command, control, or supervision and as a result of such failure" rape and similar offences are committed.

    The COs would be held "guilty of the offence of breach of command responsibility" if he "failed to take necessary and reasonable measures within his or her power to prevent or repress the commission of the said offences," the committee has recommended.

    My stand on this issue

    1. If a college student is found guilty of rape the principal, the vice principal, the security guards and the registrar of the college are all to be arrested. IF rape is proven all above to be jailed without bail for 30 years. Castration option to be exercised if any of the above are men...

    2. IF an employee of a company is found guilty of rape, the Chairman of the company, the Managing director, all directors of the company, the direct boss of the employee and security guards & HSE officer of the company are to be arrested. IF rape is proven all above to be jailed without bail for 30 years. again castration ......IF possible

    3. Similarly in all BPO, outsourcing entities

    4. Ditto with electricity boards, ONGC, NTPC, NHPC, Nationalised banks, Coal India,  and all governmental and semi governmental organisations

    for example IF a stock broker commits rape, SEBI is to be hauled up

    IF an insurance agent commits rape the direct handler at LIC should be hauled up

    5. Every time a Railway employee is arrested for rape the Divisional manager of that division is to be arrested. If proven ...... cut...

    6. Ditto in  case of state government organisations. for example Every time a bus conductor is arrested for rape, arrest the depot manager, the supervisor ..... ; If case is proven ........ cut .......

    We demand that the Verma committee report be amended accordingly to provide utmost protection to women

    Men are found to be rapists, because the HAVE THE TOOL to Rape

    Women are innocent victims because they ........

    Protect the women .....

    Immediately ........

    Further reading :

    Thursday, January 24, 2013

    Army commanders to be Jailed IF their subordinates *screwed* ; Pakistanis don't need to fire a bullet !!

    India is now caught up with the rape fever

    After the very unfortunate and gruesome rape of a girl in Delhi where the inquiry is yet to be done, agency after agency is trying to bring out stricter and stricter laws against men. Some want to castrate (yes really castrate men) , some say jail them without parole for thirty years, some say even the age of juveniles should be brought down to 15 so that younger ones can be castrated etc

    Now the latest recommendation is to jail senior officers of the armed forces IF any of their subordinates raped a woman !!!

    If you thought I'm on drugs or blurting please read the now famous verma commission report

    Well .... Well... the Pakistanis must be laughing out loud !!!!

    Verma commission report draws armed forces' fire

    Verma commission report draws armed forces' fire
    Officials in the Union home ministry too were taken aback by Verma panel's "unusual" suggestion to include "breach of command responsibility" as an offence under Section 376.

    NEW DELHI: The J S Verma Committee report has come under intense criticism from security forces for suggesting "breach of command responsibility", holding a commanding officer (CO) responsible if a junior commits rape. The report's suggestion to amend the Armed Forces Special Powers Act (AFSPA) has also been opposed by the armed and the paramilitary forces.

    Many COs and senior officers are arguing that the breach of command responsibility was unacceptable and could lead to COs ending up in jail for upto seven years for the misdeeds of a junior.

    "I have almost 1,000 personnel under me, and they are spread across some five kilometres. They could go on leave, or temporary duty. How am I to ensure their sexual conduct throughout the year, 24 hours a day?" asks the CO of an Army unit.

    Officials in the Union home ministry too were taken aback by the panel's "unusual" suggestion to include "breach of command responsibility" as an offence under Section 376. "How can the officer commanding a battalion be held responsible if a junior he sends on a patrol suddenly chooses to go morally astray?" asked an officer, adding that vicarious liability in such a case is "nothing short of absurd".

    Another senior officer of the security establishment indicated that the forces deployed in conflict zones like Jammu & Kashmir, Maoist-affected states and the insurgency-hit areas in the north-east, have to constantly guard against foisting of false cases by local, self-proclaimed rights groups who may actually be a front of terrorist or extremist groups. "The J S Verma committee's suggestion, if accepted, will only give such activists a legal handle to falsely implicate not only the jawan but his CO as well," the official warned.

    A senior CRPF officer posted in a Naxal-infested area said, "Inserting breach of command responsibility in Section 376 is stretching the law too far. There is so much moral degradation in the society. Anyone can commit a crime on a given day. How can you hold the commanding officer responsible because a constable has gone berserk. No one will work for the forces then."

    A BSF officer from the Eastern frontier added, "This is akin to jailing the mother for the crime of the son. We already have a mechanism where commanding officer is reprimanded for transgressions of a junior officer; administrative actions are taken. But punishing him for individual aberration is just not on. Unless there is an organised criminal behaviour in a unit, commanding officer cannot be held responsible."

    The J S Verma Committee has recommended the introduction of a new section 376F in the Indian Penal Code (IPC) for offence of breach of command responsibility. The proposal is to hold responsible "whoever, being a public servant in command, control or supervision of the police or armed forces...or assuming command whether lawfully or otherwise, fails to exercise control over persons under his or her command, control, or supervision and as a result of such failure" rape and similar offences are committed.

    The COs would be held "guilty of the offence of breach of command responsibility" if he "failed to take necessary and reasonable measures within his or her power to prevent or repress the commission of the said offences," the committee has recommended.

    Presently, there is no criminal liability for a CO of an Army unit in cases where his subordinates are involved in any kind of breach of discipline. It does of course invite administrative action, or even dismissed from service. The introduction of a criminal liability by a CO for actions of a junior would add a completely new and extremely challenging burden to being a CO, say army officers.

    The Committee has also recommended amendments to the Armed Forces Special Powers Act (AFSPA), saying, that "impunity for systematic or isolated sexual violence in the process of Internal Security duties is being legitimized" by AFSPA.

    news source :

    Wednesday, January 23, 2013

    மகப்பேறு மருத்துவமனை மாதிரி, காயடிப்பு கொட்டடியா ???

    மகப்பேறு மருத்துவமனை மாதிரி, காயடிப்பு கொட்டடியா ???

    இப்போதெல்லாம் மருத்துவத்தில் specialisation ரொம்ப முக்கியம். முன்ன மாதிரி எல்லாரும் ஒரே டாக்டர் கிட்ட போவதில்லை ....காதுக்கு, கண்ணுக்கு, மகபேறுக்கு...அததுக்கு தனி மருத்துவமனைகள் தான் இன்றைய fashion

    இந்தியாவில் பெருகி வரும் கற்பழிப்பு கேஸ்களை பாத்தால், போற போக்குல, ஆயிரக்கணக்கான ஆண்களை காயடிக்க ஒரு காயடிப்பு கொட்டடியே உருவாக்க வேண்டி இருக்கும் என்று தோன்றுகிறது !!!!

    இந்த அவலநிலையை கண்டும் காணாதிருக்கும் இந்திய ஆண்கள் , கொடுமை தெரிந்து இன்னும் இன்னும் இன்னும் .... காயடி...இன்னும் கடுமையான சட்டம் கொண்டு வா என்று சொல்லும் ஆண்கள் ......வெகு விறைவில்        ........................படுவார்களாக

    ==========சிந்தனையை தூண்டிய செய்தி ==============

    5,800 crimes against women pending in TN

    A Selvaraj TNN 

    Chennai: The Tamil Nadu police are sitting on a growing pile of 5,861 cases of violence against women, many of them for years, without filing a chargesheet. 

    Of the834 rapecasesin the bunch registered in Chennai, 21havebeen pending for more than four years. Various courts across the state have a pendency of 14,545 cases of crime againstwomen,including 1,751 rape cases, 3,581 molestation cases and 2,320 sexualharassmentcases.In 2012, police registered 584 cases of rape, 721 molestation cases, 1,379 kidnapping cases and 656 sexual harassment cases. For the same period, 667 rape cases are pending trial. 

    An analysis of the state crimes record bureau statistics show that 80% of all rape cases registered in Tamil Nadu are stuck with police or courts. Police admit there could be delays, mostly because of shortage of hand, but the numbers also look big because many cases of eloping are registered as rape cases. 

    “We also have to prioritisecases,said a policeofficer. “Some sensitive cases as involving peopleof twocommunities or religions are given priority. We also don’t have enough policemen and women to investigate before filing chargesheet.” 

    Prosecution lawyers, on the other hand, said not only that police investigation is slow, preparation for the case is not good enough to get conviction. “The prosecution is often unable to produce witnesses on time,” said Madras high court lawyer V Kannadasan. “In many cases, the eyewitness may have changed address. 
    Since the change of residence is not followedup, there is delay in producing the witness, resulting in the case getting weak,” he said. 

    Others attribute the delay to lack of manpower. “More than 1,000 judge posts are lying vacant,” said social activist and treasurer of the Madras High Court Advocates Association T K S Sudha. High court lawyer V Balasubramanian saidlackof police training to handle rape cases is a reason. “In many cases, untrained police personnel are unable to draft a clean chargesheet to put forward the case before the trial court,” he said. Shortage of hands at the forensic science lab also delays cases, a police officer pointed out.

    Court to man: Sell house, pay alimony

    Sad State of India :
    #  If a man is uneducated, unemployed he can't get married as NO female will marry him
    #  If he is educated, well employed and has a house, wife can sue him , auction the house and take the money !!!

    ============ news story ====================

    Court to man: Sell house, pay alimony

    DC | Pramila Krishnan | 22nd Jan 2013

    Chennai: The Egmore magistrate court has sent the Chennai district protection officer to Kerala to take over and sell a posh house of a man who had declared that he was jobless and could not provide monthly maintenance to his wife.
    The court came to the rescue of a young wife in Chennai and asked the officer to attach the man’s property in the name of the wife and make provisions to provide monetary relief of Rs 30 lakh immediately. Sources said the man Ravi (names changed) was working as an IT professional abroad when the marriage was fixed.
    But now he claims that he has no source of income to pay compensation.
    “The bride’s family gave seedanam and had borne all marriage expenses which worked out to nearly Rs 30 lakh. Within three months of the marriage, Priya, the wife, complained that she was severely abused and asked to bring more dowry. Unable to put up with the physical and mental abuse meted out to her, Priya left her husband’s house and moved to the court in 2012,” sources said.
    Court sources said a counselling session, arranged to bring amity between the couple, did not bear fruit.
    “Priya was dejected and lost all hope to lead a happy life with Ravi after the arguments. He was also not cooperative. She sought Rs 50,000 as monthly compensation. When Ravi denied and said he was jobless, the court asked the protection officer to attach the property and accrue the money by sale or other means for monetary allowance of Priya,” the sources said.
    Advocate Sudha Ramalingam said the ‘Protection of Women from Domestic Violence Act, 2005’ had a provision that when a husband who has no tangible income but has properties in his name — moveable or immovable — they can be attached and brought to sale and the proceeds could be taken for the arrears of maintenance.


    Sunday, January 20, 2013

    fate of criminal investigation in India : Delayed & denied: 87-year-old dies awaiting justice for his son

    Delayed & denied: 87-year-old dies awaiting justice for his son For 27 years, he fought to bring ‘murderers’ to bookAneesha Sareen
    Tribune News Service

    Chandigarh, December 11

    In a glaring example of "justice delayed is justice denied", an 87-year-old man fighting a legal battle over the alleged murder of his son for the past 27 years died before he could see the verdict.

    Allah Singh, a Patiala resident, prayed and fought for justice into the alleged murder case of his son ardently. His body had turned frail but not his desire to fight for justice in the case. He died yesterday at his residence in Patiala much before he could see the judgment in the case that has been hanging fire since 1985.

    “I want to see justice before my death,” was Allah Singh’s last wish as he often narrated his ordeal to mediapersons during court hearings. For the past six months, he had not been coming to court due to his ill health. Allah Singh’s body was cremated today.

    The CBI court of Vimal Kumar was today informed about Allah Singh's death by his advocate Vinay Jhingan. During a resumed hearing of the case today, three witnesses were examined, including the doctors who conducted the postmortem of his son. Defence arguments are being heard in court in the case. While it is not known when the case will meet its logical end, Allah Singh will not be there to see the verdict.

    “He vowed to fight till his last breath to ensure that his son’s soul rested in peace. His wife died four years ago waiting for justice. Now, Allah Singh has also died without seeing the verdict. Their wish remained unfulfilled,” said Allah Singh’s elder son Kanwarjeet Singh.
    Kanwarjeet and his wife were brought to the country from the USA to appear as witnesses in the case.

    On July 8, 1985, Allah Singh got a phone call informing him that his son Inderjeet Singh had died. Inderjeet's body was found hanging in a rented accommodation in Sector 34. The UT police had dismissed it as a case of suicide. Allah Singh refused to believe the police theory. “He was very brave and strong,” he used to say.

    After endless inquiries, writs and re-investigations, a case of murder of Inderjeet Singh was finally admitted in the sessions court.

    After the accused got bail, Allah Singh moved the Supreme Court, which shifted the case to the CBI. As many as 45 witnesses were examined in court. Five of them are already dead. Allah Singh had lodged a complaint with the police against Hardev Singh and Harpreet Singh, owners of the house where his son was living as a tenant. He accused them of his son’s murder as they had an ongoing dispute over vacating the house.

    Ever since the hearing into the case began, Allah Singh had been coming to attend court hearings from Patiala with the ardent hope that the judgment would be pronounced before his departure from this world.

    Case was investigated 5 times

    As Allah Singh was not satisfied with the investigation carried out by the police, which claimed it was a suicide, the court asked the CBI to carry out the investigation again.
    Investigations were carried out five times into the case. Of the five investigations, two concluded that it was a murder while the rest claimed it was suicide.

    Over 2,000 hearings

    Ever since his son Inderjeet Singh’s death in 1985, Allah Singh had been coming to court by bus from Patiala twice every week. He attended over 2,000 court hearings. He retired as a railway employee in 1983 and spent all his pension and savings on legal aid. He spent close to ~4 lakh on getting documents photostated all these years, said his family members.“I want to see justice before my death,” was Allah Singh’s last wish as he often narrated his ordeal to mediapersons during court hearings. While it is not known when the case will meet its logical end, Allah Singh will not be there to see the verdict.

    The living case of the dead

    Eight months after Inderjeet's death, an inquiry by the UT police pointed to murder

    A closure report was filed following which Allah Singh went to the Supreme Court, which shifted the case to Patiala

    A CBI inquiry in 1994 concluded it was a suicide case

    Allah Singh again moved court, following which the CJM ordered a re-investigation

    When CBI filed an application for cancelling the case, Allah Singh protested

    He moved protest petitions to successive Presidents, PMs, ministers and Governors of Punjab

    The report submitted by then DIG of the CBI KC Kanungo held that former CBI SP RK Pachnanda, DSP DS Mann and DSP SL Gupta floundered in declaring it a case of suicide and it was actually a murder

    In 2000, the trial again started after the CBI finally termed the death as homicide