Friday, October 4, 2013

if there is money that would be milked


many people feel there is NO clarity in what happens to men in India but I see clarity !!!!!  Let me share with you what I see and please feel free to add ....etc...

(a) I see a method to the exploitation. 

(a.1) I see a beautiful 'system' like an invisible hydra linking 1000s of players who are making a living out of milking honest men 

(b) this 'system' follows some method (NOT honest NOR moral ...) but the 'system' has a method. This is like saying the smuggler or the bandit has his method and machinery in place

(c) I am NOT in anyway supporting or espousing this 'system', merely explaining it 

Here we go 

1. if there is money that would be milked
1.2. every one in the system would have a cut [ system => all participants from the lowest constable to the top top law makers, CJ etc etc ] 
1.3. as a corollary if there is NO money, hardly anyone in the 'system' would care
1.4. Example : if a poor cycle rickshaw puller had two wives nothing much would happen either to him or the wives !
1.5. so money, capacity to earn money, position is the fuel / the motive power that keeps the 'system' running 
1.6. money generally moves from male to female ...in 99% of the case ... I agree there are some exceptions ...but that is a small %


2. the complaint filing machinery (which is part of the 'system') would be kept intact
2.1. IF complaints are stopped the whole 'system' would loose and collapse in the long run 
2.2. that is like the owner of a company telling the salesman NOT to sell or the production manager telling people to stop producing 
2.3. that will NOT happen 
2.4. So... repeatedly false complaints would be filed, repeatedly people WITH money would be threatened and milked, this is the case with 498a, this is the case with 125 , .......DV ...tomorrow IRBM ..whatever 
2.5. Herein, Criminal complaints are better than civil cases 


3. the 'system' preserves itself so participants in the 'system' support each other 
3.1. lower courts can keep giving wrong / incorrect verdicts, the higher courts will keep repealing it, but NO punishment for the lower courts
3.2. police can keep booking innocents, courts will keep overturning the conviction, but hardly any punishment for the police
3.3. the 'system' will make good speeches, will speak to an audience from the high pedestal, but nothing earthshaking or radical will happen
3.4. with every false case booked by police the bail industry, the legal industry, the dalals in between would make a killing 


4. in a fight between a man and a woman, young woman that is, the young woman would be favored and this will get a good applause for the system 
4.1. who will applaud ? MANY men would applaud !! ...especially men who are NOT YET hit by false cases
4.2. men hating men aide and abet and morally support the 'system'
4.3. there are many variants to this
4.4. law making, dharnas, media hype etc etc etc
4.5. this public relations chapter is very long, so this summary (in 4 ..4.x) is just a glimpse 


5. the laws of India were made by the British 100 ...150 years ago 
5.1. the British (ok NOT all of them, but some of them) 150 years ago had a different set of morals
5.2. for example many of the British officers in India had relationships with multiple Indian women; repeat multiple 
5.3. sex outside marriage was NOT such a great taboo ... it was considered an indiscretion....in many cases minor indiscretion  
5.4. there are MANY stories of these relationships 
5.5, the laws were WRITTEN by these people 
5.6. , I.e family laws, criminal laws etc .... most laws are 50 ..100.. years old (in that range) and written by British 
5.7. Exception : Laws for commerce or laws for internet etc (which are new and not necessarily British times)  but we are NOT taking of the Sales tax act here !! :-)


6. how the money machine works ...some extras 

6.1. it is NO LONGER the money of only the people who pay, it is also the people who fight 

some examples of how the 'fighter's ' money is taken away 

6.1. bail = money ...actually AB is a lot of money , even NORMAL bail is money 
6.2. family case related AB is one of the biggest money making machines / apparatus the 'system' uses
6.3. I have been seeing the bail applications on Madras HC and family matters are one of the biggest source 
6.4 each AB runs to 10s of thousands 
6.5 add family etc etc

7/ INTERIM MAINT - this is a killer
7.1. even those who fight loos a lot of money on interim maint and that is another major source of money 
7.2. in fact in many cases usurious interim maintenance is used as tool to break the will of the honest man
7.3. many courts do NOT allow appeal of interim maintenance as it is an interlocutory order

8/ also 
8.1. every hearing = money
8.2. every travel / trip = money 
8.3. high court appeal = more money

again marriage seems so big a gamble in terms of TIME and MONEY that one has to seriously serious evaluate getting married 

9. Correcting a mis conception : Just because you live in a village, marriage doesn't become rosy and SAFE for you

9/ these days, villagers WITH money are regularly getting hit with false 498a 
9.1. please see my blog vinayak.wordpress.com 
9.2. villagers WITH money are regularly getting hit with false 498a 
9.3. for many months I have been taking stories [from regional language ] and posting with a breif translation in English 
(a) The more cohesive village society,  (b) prevalance of rural panchayats (weakieing the 'system' ) and ( c) the cash economy helps , but still many many middle class people in villages are getting hit
9.4. villages have plus and minuses, and the biggest plus in my humble opinion is that there is NOT much MONEY TRAIL to catch the husband's salary because the village society is still quite a cash economy and so maintenance is difficult to enforce 
9.5. real estate is much more difficult to usurp and give away to the woman
9.6. it is easier to use DV and squat in a posh mumbai house than go to small house in a village and try to sell one room there 

so there is NO escape based on geography 
In India marriage is a gamble 
just the stakes may be big or small depending on how much money the guy (husband / husband's dad etc..) has 
again my earlier poor man and two wives argument 




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regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist