03.29.09

Congress – The Fascist Face

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, marriage, society tagged , , , , , , , , , , , , , , , at 10:31 am by legalfighter

The data for the arrests of citizens made under section 498A and its consequences given below (Source : National Crime Records Bureau)

2003 2004 2005
Persons Arrested 110623 125657 127560
Women Arrested 26465 27832 28745
Seniors Arrested 3786 4324 4512
Children Arrested 297 294 339
Persons Charge-sheeted 106980 118367 121653
Persons who completed trial 70167 71192 74496
Persons Convicted 12558 14706 14583
Acquittal Rate 82% 79% 80%
Innocent Persons Arrested daily 249 273 281
Innocent Women Arrested daily 60 61 63
Innocent Seniors Arrested daily 9 9 10
Innocent Children Arrested daily 1 1 1

Police and courts were unleashed into the Bedroom of Citizens!

Why is Congress sending Police inside my house?

Is marriage a crime?

Why is marriage still not a contract in india?

Why in a Marriage only Wife has “Rights” and Husband Only has Duties and Obligations?

While the law says it is the duty of husband to maintain everyone around him, why is it silent about the role of Wife?

Why should husbands and their families have the Risk of Getting arrested that too without an iota of evidence??

Is it men’s turn to Suffer in this democratic country?

03.28.09

Balance sheet of Congress since 1947

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, life, marriage, society tagged , , , , , , , , , , , , , , , , at 9:24 pm by legalfighter

62 years have passed since 1947. Out these 62 years, Congress ruled for 49 Years. Other Parties Ruled only 13 years. Almost 80% of Time since Independence Congress Ruled India.

Now, think of:

Stinking India
Division of People on the basis of Religion, Caste, Creed and Gender Massive corruption Rigged Elections
Dysfunctional Courts
Communal Riots
800 million people earning less than 2 dollars per day.

Who do you think is responsible for all this?Do you want the same political party to rule for another 5 more agonizing years?

  • 1947-1975: Congress Rule.
  • 1975-1977: Dictatorship by Congress under emergency.
  • 1980-1989: Congress Rule.
  • 1991-1996: Congress Rule
  • 2004-2009: Congress Rule

Do you want to give 5 more years to Congress to destroy India further?

Congress and its treatment of Minorities: By rigging elections.

Congress helped Rigging of most elections in Kashmir including the famous rigging in 1987.

Finally people of Kashmir lost hope.

Tavleen Singh, a reputed Indian journalist, uses the term “rigged elections and sham democracy” to describe Kashmir polity. As reported by the BBC in 1996, Indian Home Minister Inderjit Gupta, said “. . . in Jammu and Kashmir all elections held to date were rigged to serve the interests of successive Congress governments.”

A leader of the Congress Party himself at the time, Khem Lata Wukhloo, recalls: “I remember that there was a massive rigging in 1987 elections. The losing candidates were declared winners. It shook the ordinary people’s faith in the elections and the democratic process.” 

While most elections in Kashmir have been rigged, what was distinctive about the 1987 election was that fraud was combined with violence. Polling agents of the Muslim United Front (MUF) were thrown out of booths and beaten up. Several of those who subsequently joined the militant ranks were eyewitnesses to the electoral fraud perpetrated by the Indian state.

The 1987 election undermined the Kashmiris’ faith in the ballot box. It convinced the youth that with the ballot having failed them, they would have to turn to the bullet to deliver.

Dictator like behavior under Emergency

Is Congress democratic?

Does it respect civil liberties?

The Indian Emergency of 25 June 1975 – 21 March 1977 was a 21-month period, when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties.

Murder of more than 3000 Sikhs in just 4 Days; police just watched as mobs raped, tortured and killed.

For four days after assassination of Indira Gandhi, as many as 3000 Sikhs were killed in retaliatory attacks. The most affected regions were neighborhoods in Delhi. Many ordinary Indians of different religious dispositions made significant efforts to hide and help Sikh families.

November 1, 1984 – early morning

The first killing of a Sikh occurs in east Delhi.

9:00 AM: Armed mobs take over the streets of Delhi and launch a massacre.

Police units, though adequately armed and supplied, take no action against miscreants in most places. Among the first targets are Gurdwaras, the holy temples of Sikhs, possibly to prevent Sikhs from collecting there and putting up a combined defense. The worst affected areas are low income colonies like Trilokpuri, Mongolpuri, Sultanpuri and Palam Colony. The few areas where the local police stations take prompt measures against mobs see hardly any killings or major violence. Farsh Bazar and Karol Bagh are two such examples.
November 2, 1984

Curfew is announced throughout Delhi, but is not enforced. The Army deployed throughout Delhi too but ineffective because the police did not co-operate with soldiers (who are not allowed to open fire without the consent of senior police officers and executive magistrates). Mobs continue to rampage.

Congress and Poverty

Congress started slogans “Garibi Hatao” remove poverty, and won elections.

It did nothing. Now, it wants to again use “Poverty” to garner votes.

Congress and Women

More than 1,23,000 women were arrested and most of them jailed under section 498a since  2004 till 2007 under congress without trial or investigation.

Do you want to see your mothers and sisters in jail?

Then vote for Congress.

How did Congress treat Shah Bano? Learn it.

Law enacted by Rajiv Gandhi to deny alimony to old woman

The Shah Bano case was a controversial divorce lawsuit in India, in which Shah Bano, a 62 year old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and was subsequently denied alimony. The case created considerable debate and controversy about the extent of having different civil codes for different religions, especially for Muslims in India. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgment of the Supreme Court and, in reality, denied even utterly destitute Muslim divorcees the right to alimony from their former husbands.

Critics strongly contend that this Act was passed in order to appease minorities and safeguard the Muslim vote bank. Thus the shah bano case was more about ’symbols’ than anything else.

When it came to Muslim vote bank and women, Congress choose Conservative Muslim Vote bank.

Dividing People for Votes

Congress and Quota Vote Banks

Congress says, it will implement Quota for OBCs, SC/STs in Private Companies, if it comes to power.

Soon every single caste will demand to be included in OBC, SC/ST if they are getting free jobs without interviews in Private Companies in India.

Congress wants votes by Hook or Crook as always.

It does so by dividing people.

And wants to run the show with Puppets dancing to Italian Tunes.

The strong message has to go to Congress and its dictatorial ways.
Renuka Choudhury said: “Its time for Men to Suffer”, when a discriminatory law was implemented and passed by parliament.

The fascist roots of 1975 have not gone.

Vote for Any Party, but not to Congress. Save India, Save Indian Children from Congress.

03.27.09

LCRO insensitive to father’s problems

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, life, marriage, society, thought tagged , , , , , , , , , , , , , , , at 7:25 pm by legalfighter

LCRO – and very poor law

For its first decision, the new Legal Complaints Review Office has begun in what should only be described as an appalling start. Advocate, Benjamin Easton of a father’s coalition for the first complainant, states that the injustice of the decision is profound.

The decision is on a family law matter where a lawyer has been challenged for failing to act responsibly or reasonably when fielding allegations of domestic violence. The lawyer was asked to support supervised access for the father over his son in a without notice application. An application of this type means that an order is made from the Family Court and the respondent is then given an opportunity to defend the allegations. In this case the time given to defend was 24 hours before the order became permanent. The father chose not to defend because the circumstances were openly oppressive and biased.

Mr Easton claims that the evidence to support the father that he has been treated unfairly and in a biased way is obvious and is indefensible. The decision itself states that there has been error on behalf of the lawyer and that the first authority to hear the complaint, the Manawatu District Law Society has misinterpreted and mishandled the information it was provided. These facts appear to yield no consequence.

“It appears that no one is interested that the father and his son have been done a most serious injustice by a false Affidavit and its following order.  Instead the emphasis further protects the mother and her lawyer after elaborating a story and promoting its fiction,” comments Mr Easton.

“The father has been wrongfully forced by the mother for allegations he has behavioral problems, into seeing his son under supervised conditions or otherwise, because of the order, not seeing him at all. The LCRO decision agreeing that the father has been wrongfully treated and then judging against him as if he should remain guilty of the fiction and its drama is completely preposterous. If anyone should want to observe the facts where New Zealand ’s family law is biased against fatherhood then they have no further to investigate,” continues Mr Easton.

The LCRO has excused the lawyer, Carly Davidson of Winter Woods in Palmerston North from the allegation against her of not acting, as would any reasonable or responsible lawyer. Ms Davidson supported the allegations that there was physical or sexual abuse by laying these claims in the original affidavit even though the text of the affidavit stated no such thing. Judge Twaddle somehow agreed even though the mistake is blindingly obvious. The allegations were later withdrawn by the counsel acting for the child and the LCRO has stated that this marks efficiency in family law rather than identifying the incompetence of Ms Davidson, the father’s lawyer Mark Dobson, or Judge Twaddle where she has promoted alleged claims of violence that were never in fact alleged.

“It appears to me,” says Mr Easton, “that the LCRO has no idea of what a without notice application is all about or worse does not recognise the seriousness of an order separating the relationship between a natural father and his son/s and or daughter/s.

What I find most bewildering in this decision is that the LCRO is directly appointed as an authority that is not a lawyer. This provision apparently provides an ordinary person with a protection from lawyers ganging up to protect themselves against allegations from the public. It is supposed to provide protection for fathers like the complainant.

Yet the LCRO has rewritten the legislation in order to protect the lawyer from criticism of not doing her job properly. The law states that the lawyer was supposed to have made reasonable inquiries into the mother’s relevant circumstances to see if the order was one that “ought” to be made. Yet she didn’t seem to ask the mother why the father should realistically require supervised access other than because the mother thought he “had issues”. The Family Court is supposed to protect the interests of the child as the first and paramount consideration, but in this case, clearly what the mother wants is the status that is legally protected even to the point of protecting an obvious lie and its demonstrated perjury”.

Asked if the decision will be appealed Mr Easton is less confident. “ The case proves that there is an actual and protected bias against fatherhood in the family law system and the construction of the new LCRO office specifically gives it autonomy over that bias.

In reality this means that a judge is unlikely to move the decision because the judge has no authority over an LCRO appointed to make decisions that are not legally based. The authority of the LCRO is one of opinion. This means that the only entry to have the decision overturned is if it can be proved incompetent yet what the decision does is to protect lawyers who in the end will become judges. This means that the opinion expressed by the LCRO protects the lawyers rather than protecting the father and his natural right of access to his child and given our history of bias against fathers in New Zealand family law the father’s chances of success are virtually non-existent.

I have made preliminary inquiries with the Ministry’s of Justice and the Courts and will progress these on to the New Zealand Law Society,” says Mr Easton. “Yet what is most important now” he continues, “is whether or not those with the power to recognise the purity of this injustice will actually challenge it for what it is. Meanwhile, and while fathers continue to wait to be recognised as valuable, the mother has simply removed the child from Palmerston North to Christchurch without telling anyone. Her ability to behave like this and similarly other mothers who do the same makes a mockery of the judicial system and family law.”         

Benjamin Easton                              027 3902169     

Vote for any party, but not for Congress

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, life, marriage, society tagged , , , , , , , , , , , , , , , at 11:31 am by legalfighter

Dear all Indian Husbands and their Family Members,

Vote for any party, but not for Congress.

Nowadays more than 57000 Indian Husbands are ending their lives in suicide every year due to the anti-husband, anti-family and anti-child biased and lopsided marital laws like Section 498A / Domestic Violence Act / CRPC125 / Adultery law / four different maintenance laws, all passed by the Congress. The entire family of Husbands has been converted into a Free ATM machine and they are being treated worse than an animal in this country due to all biased and lopsided law and policy by the Congress party.

Inspite of The Honorable Supreme Court terming the Misuse of Section 498A as “Unleashing of a new Legal Terrorism on innocent husband’s family” and Domestic Violence Act as “one of the most clumsy drafted law”, the Congress led UPA government has not taken any corrective action and the entire family of husbands is suffering today because of that. 

Whether the allegations are true or false, it’s merely on the basis of the verbal allegation of the wife (read married woman), that the entire family of husbands including his mother, sister (again read married women) are thrown out of their house under the Domestic Violence Act. Through this Domestic Violence Act, the Congress party has incited a woman vs. woman war and the price is paid by Indian men. 

Just the wives need to say that, “I am anticipating Domestic Violence” from my partner (Men), be it a friend or any one and the man is thrown out of his own house and lands up in Railway Platform; as also the bank accounts will be frozen.

Now it is up to the accused to prove her allegations are wrong in the court and she need not prove anything as her verbal allegations are construed as evidence, since the Congress led UPA Government thinks that all the wives / Daughter-in-law are born in Raja Harish Chandra’s Family, and hence can’t lie. 

  • Do you know who has given wholesale free License to your wife to commit adultery and at the same time go scot free? – Congress.
  • Do you know who has given wholesale free license to your wife to abuse your age old parents and sisters and at the same time go scot free? – Congress.
  • Do you know who has given wholesale free license to your wife to throw out you and your old parents from their own home? – Congress.
  • Do you know who has given wholesale free license to your wife to kill your un-born child and go scot free? – Congress.
  • Do you know who has given wholesale free license to your wife to refuse to visit your own child once in a week at least? – Congress.
  • Do you know even a terrorist have right to stay in his own home, but Indian husbands do not have any right to stay in his own home , if wife demand the same under Domestic Violence act and who has made such a law ? – Congress.
  • Do you know who has given wholesale free license to your wife to beat, abuse, and refuse food to your child and you can’t even ask her a single question, as it will be termed as verbal abuse? – Congress.
  • Do you know if your wife demand 1000 rupees for her kitty party and you give 800, it is a crime by you as per law and who made such law? – Congress.

This is the state of the present Justice system in India and Gender Equality in India, a feat achieved by the Congress Government in the last 60 years. 

For a wife even adultery is not a crime (it is a rewarding option and tax free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/old father also can be put behind the bars under 498A or Domestic Violence Act. And such laws are made with the tax-payer’s hard-earned money, 82% of which comes from men.

Well educated, working and healthy women (read wives) are rushing to the courts to demand aristocratic maintenance from their husbands to maintain their lavish lifestyles, by leveling false allegations as is evident from court records and at the same time do not miss a chance (provided by the Congress led UPA Government) to file false criminal cases under Section 498A, Domestic Violence Act, mentioning that their husband is ill-treating them and demanding money from them. However, the wives themselves openly demand money as a legal extortion and blackmailing and the police, the media and the courts are mute spectators or at time active participants in squandering husband’s money. And all this drama happens under the nose of the Congress led UPA Government which sits on the abuse of Indian men, especially husbands and is hell bent on passing one after another anti-male extortionary laws.

On the contrary, if a husband is not able to earn money due to some reason or falls terminally ill, and his wife is earning money, yet he is not eligible for maintenance from his wife, irrespective of the fact that he had earned lacks of rupees and given to his wife prior to becoming disabled and such a man is told to either sell his body organs or go and commit suicide. Such a biased attitude is being meted out to Indian men under the Congress led UPA Government.

So the question arises: Is Indian Husband is a Free ATM Machine for Indian wives? As per Congress the answer is:  Yes.

It is pertinent to mention here that, presently a wife can claim maintenance from four different Laws, like Section 24 Hindu Marriage Act, Section 125 CrPC, Section 18 Hindu Adoptions and Maintenance Act and Domestic Violence act. This is abuse and wastage of resources for the Indian Judiciary System (which always cries foul of being overburdened), since for the same purpose, three to four different cases are filed in different courts sometimes across states. It not only wastes the Judiciary’s man Power, but is also a violation of Indian constitution, wherein it is clearly mentioned in Article 20, that for the same offence a person can’t be punished/tried more than once. Then why do we have four different maintenance cases against a Husband for the same alleged cause of action?

·  Crime Bureau data 2005: Married Men Suicide: 52k vs. Married Women Suicide 28K.Still there is no LAW to Protect Men why?

·  2006 Crime Bureau Data: Married Men Suicide: 55452 vs. Married Women Suicide: 29869.

·  2007 Crime Bureau Data: Married Men Suicide: 57593 vs. Married Women Suicide: 30064.

Will Our LAW Maker change the section 304B of the IPC related to dowry deaths to section 304C (Sowry Death) and Section 498A (harassment to wife) to 498B (Sowry harassment by wife)?

We have repeatedly requested the Congress led UPA Government by providing all the data and official statistics of suffering of Indian men in general and husbands in particular and demanded that all Gender Biased LAW should immediately be made crime based void of any assumption that women never lie and men are born as Criminals. “MEN/WOMEN” word to be replaced by word “PERSON” and word wife/husband to be replaced with the word “SPOUSE”.

But it has fallen on deaf ears of the Congress led UPA Government and in return the Union minister for Women and Child Development makes the following derogatory statements against Indian men while being in office:

  •          It’s turn to suffer the Indian men, as women suffered for long(Like as Muslim Kings had destroyed a lot of temple, so let’s demolish the entire Mosque in India).
  •          Don’t trust Your Men; trust Condom in the name of reducing AIDS. (Forgetting the fact that the AIDS spreads by multiple partner sex and a condom is used for multiple partner sex, not for single partner sex, which we term as married couple)
  •          It’s Diwali Gift to Indian women. (Within two weeks, four women sent behind the bars under first DV act case in Pune and one age old women left her own house as her daughter-in-law walk in her house with her all friends and parents) 

Readers may choose to vote for Congress and ensure that more and more suffering follows for Indian men. Since it’s not only Congress, but all political parties believe that increasing the suffering of Husbands and their family members is termed as Social Service in the country since Indian Husbands and their family members cannot ensure their defeat or a reduction in their vote share. So making more and more anti-husband, anti-family, anti-child and anti-men biased and lopsided law in the country is not going to harm them.

The Choice is with you and do not forget that only the crying baby gets the milk.

Congress government has converted the Indian Criminal Justice system into a wholesale free money earning business through Legal Extortion from Husbands and their family members.

Vote for any party, but not for congress and give a clear message that anti-husband, anti-men, anti-family and anti-child law and policy will not be accepted in this country by political party.

Disclaimer: These are totally writer’s personal views. Readers may have a different opinion. The name and place has been changed to protect the Person’s Identity.

 

03.24.09

Real Hidden manifesto of the Congress Party

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, life, marriage, society tagged , , , , , , , , , , , , , , , , , , , , at 10:32 pm by legalfighter

It has significantly empowered the weaker sections of society by

(i)            by passing a new law to protect LEGAL TERRORIST from domestic violence;

(ii)           by giving LEGAL TERRORIST equal rights to inherit property;

The empowerment of the weaker sections of society – scheduled castes, scheduled tribes, OBCs, minorities and LEGAL TERRORIST – has been an article of faith with the Indian National Congress.

The Indian National Congress introduced reservation for LEGAL TERRORIST in panchayats and nagarpalikas.

Today, about 40% of the elected representatives in panchayats are LEGAL TERRORIST, compared to a reservation of 33% mandated for them.

This is nothing short of a quiet revolution.

The Indian National Congress will ensure that the Bill for reserving 33% of the seats in the Lok Sabha and the State legislatures is passed in the 15th Lok Sabha and that the elections to the 16th Lok Sabha are held on the basis of one-third reservation for LEGAL TERRORIST.

The Indian National Congress believes that, in addition to education, business development programs are needed on a larger-scale for scheduled castes, scheduled tribes and LEGAL TERRORIST.

The Indian National Congress reiterates its unflinching resolve to combat communalism of all kinds and to deal ruthlessly with those perpetrating atrocities on weaker sections like dalits and LEGAL TERRORIST.

PS: To know what does a LEGAL TERRORIST do, read here.

03.23.09

Condeming undue pampering to lawyers by courts

Posted in government tagged , , , , , , at 7:29 pm by legalfighter

 

PRESS RELEASE

A group of persons including visitors, litigants and victims in the Madras High Court constituted ourselves as ‘Citizens for Justice‘ with the sole objective of breaking the silence over the events of 17 &and 19 February 2009, which lay the onus for the entire sequence of violence squarely on the lawyers. We intend to calibrate our actions to culminate in getting this section of hoodlums and criminal lawyers de-barred from all Tamil Nadu courts - B.R.  Haran, Uma Anandan, Vishwanath Swamy, Suresh Ram, and Radha Rajan

It is with a seething sense of disbelief that we the undersigned read the interim judgment on writ petition W.P (PIL) No. 3335/09 on the events of 19 February 2009 in the Madras High Court, delivered on 18 March 2009.

We were compelled to speak out in public because we believe that we, the victims of 17 February 2009, have so far been ignored by the judiciary, even though we had deposed before Justice Srikrishna on 28 February 2009. The reasons for our outrage and deep distress are hereby presented in the court of the people: 

1.    The three-member division bench which heard the Writ Petition has ordered the suspension of two senior police officers.

2.    This suspension is in addition to that of five senior police officers already punitively transferred out of Chennai on the orders of the Chief Justice of India.

3.    Both the Supreme Court and the Madras High Court have reduced the whole despicable sequence of events to what the lawyers wanted, and have doled out punishment to a high pillar of democracy and the State – the police – without any commensurate, demonstrable, punitive measure against the errant lawyers.

4.    Such a demonstrable measure against the delinquent lawyers was called for, considering that Justice Srikrishna indicted them unambiguously in the interim report he submitted to the Supreme Court.

5.    Four of us were present in Court Hall 3 on 17 February, when a bunch of lawyer-hoodlums entered the court and unleashed 15 minutes of physical and verbal violence against Dr. Subramanian Swamy and some visitors in court that day.

6.    The interim judgment of 18 March by Mr. Justices S.K. Mukhopadhyaya, K. Chandru and V. Dhanapal, repeatedly cites ‘contempt of court’ by the police, for having allegedly entered the court premises without prior permission from the Acting Chief Justice.

7.    Two senior police officers have been suspended for contempt of court/alleged excesses. But the lawyers who violated the sanctity of the court premises and barged into Court Hall 3 on 17 February; lawyers who physically molested us, the undersigned, on that day; lawyers who raised abusive slogans against a particular caste inside the court; lawyers who hurled eggs and assaulted Dr. Swamy inside the court; lawyers who demanded the arrest of Mr. Justices Chandru and P.K. Mishra; lawyers who declared publicly that they rejected the interim report of Justice Srikrishna and burnt his effigy and his report; lawyers who celebrated inside the High Court premises the birthday of internationally notified Sri Lankan terrorist V. Prabhakaran, found guilty of assassinating a former Prime Minister of India; lawyers who raised slogans in support of the terrorist and his terrorist organization which is banned in the country, have not been held guilty of contempt of court.

Till date, the unseemly activism displayed by the Supreme Court and Madras High Court to punish the Police for contempt of court and alleged excesses, has not been matched by an anxiety to punish the lawyers for the same offence.

8.    While the State has taken stern action under NSA against Nanjil Sampath and Director Seeman for their public support to the LTTE, it is expected of the Judiciary that it will deal with lawyers advocating the cause of notified terrorists and terrorist organizations just as sternly. It is inexplicable why it has failed to do so.

Moreover, it is our considered view that when anti-national activities are held within the premises of one of the tallest pillars of democracy – the Courts – with impunity, then the officers and leaders of that pillar are complicit in that activity.

9.    The inference is clear. The judiciary does not think unbecoming conduct and violent behaviour by lawyers against ordinary citizens, or action violating the law of the land and violating their oath of office, as tantamount to contempt of court and deserving of immediate, demonstrable, and stringent punishment.

It has opted instead to meet only the demands of the lawyer fraternity – to punish the police for what both the Supreme Court and the Madras High Court consider contempt of court / excesses.

10.  This order has set a new trend and precedent in judicial process. A new concept of ‘judicial relief’ as against justice delivery has now been coined.

11.  It is a matter of grave concern that a judge who has been held to account by the Justice Srikrishna Interim Report for being soft on the errant lawyers, has actually presided over the division bench on 18 March 2009.. It is the considered view of ordinary citizens that Mr. Justice Mukhopadhyaya would have set high standards of judicial propriety had he voluntarily declined to sit on the bench on this case.

12.  We, the undersigned, through the forum of public opinion, demand that the Madras High Court act immediately to punish the lawyers guilty of violence, verbal abuse, unbecoming conduct, and violation of the law of this land. Failure to do so will send the signal that well-organized violence and sustained misconduct by any group always pays, and when the group is the lawyer fraternity, then the Judiciary itself will stoop to appeasement.

13.  We therefore demand that the Madras High Court issue orders to the concerned associations and councils to de-bar these lawyers immediately, just as it was quick to order action against senior Police Officers.

14.  These sad events have unfortunate implications for the rule of law in the country because there is a danger of ordinary citizens not only losing faith, but also respect, for the judicial system.

15.  We, and the people of Tamil Nadu, as also the people of India, demand to know – what does the Supreme Court and the Madras High Court intend to do with the interim report of Mr. Justice Srikrishna, specifically its recommendations regarding amending the Advocates’ Act, and in the meantime, formulating guidelines for the conduct of lawyers?

Please speak up Mr. Justices, the nation is listening – with bated breath.

03.21.09

SIF Activist tutors RTI Act to Police

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, marriage, society tagged , , , , , , , , , , , , , , , at 2:06 pm by legalfighter

This is a true incident being described here. Brief background, is that an accused in a false dowry case filed an RTI Application with the local jurisdictional police to inquire about the investigations of the case. As he did not get the reply in the stipulated 30 days, he filed a complaint with the State Information Commission (SIC) regarding the same. One week after that he got the reply, however, the case in SIC came up for hearing. Meanwhile the accused who is also a SIF (Save Indian Family) activist, filed another RTI.2 days after filing that RTI he got a call from the PS to collect the copies. He was very happy for the quick response. So he goes to the PS to collect copies. This is what happens at the police station.

For reference, accused is designated as SIF Activist and the police people as Police.

SIF Activist: I got a call from your station for my RTI filed. Please give me the copies.

Police: But you have taken the copies your signature is also there.

SIF Activist: No I haven’t, can I have a look?

Police: Sure.

After having a look at the copies, the SIF activist understood the confusion. The police people were still stuck at the reply of the old RTI having replied after 60 days of the application filed while he was thinking of the new RTI filed.

SIF Activist: Oh this one. Yeah I have got the reply but you replied to me 60 days after I filed the application, whereas the act says you have to reply in 30 days. So I filed the complaint under Section 18(1) (C) of the RTI Act, 2005.

 Police: Oh I see. So now what do we have to do?

Clear confusion was visible on the faces of the police as they were being taught RTI Act by a STUPID COMMON MAN.

SIF Activist: Nothing, you have replied me but I did not get the reply in 30 days as the ACT says, so now your officer has to go and explain this to the State Information Commission that why he could not reply within 30 days when all he was supposed to do was to Xerox existing documents and send them.

Police: Oh, can you explain this to our sir?

SIF Activist: OK.

Waits for 8-10 minutes and sees that the officer was busy with something and also thought it was the officer’s duty to read the Act and comply.

SIF Activist: I am getting late. You tell the officer whatever I told you I am leaving.

The police people were flummoxed to see a Stupid Common Man walking into the police station and teaching laws to them. This is the pathetic condition of the Indian police. They are not aware even of the basics of the law, let alone complications, intricacies and its implications. Can we entrust the law and order and investigation of crimes to such a lax agency that does not know a law even after 4 years of it being passed?

Questions every citizen and law maker needs to ponder upon.

Is it not time that, “No policing is the best policing”, that the current police force can offer?

Or is it time to scrap the entire police force and rebuild it?

03.20.09

Jaipur men victim of false dowry cases

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, life, marriage, society, thought tagged , , , , , , , , , , , , , at 8:12 pm by legalfighter

JAIPUR: Two cases of dowry harassment and domestic violence are registered everyday with three Woman Police Stations in the city. Thirty alleged dowry deaths were reported in the district in 2008. Amid hue and cry by the NGOs and other social organizations over the alleged misuse of sections related to dowry harassment and domestic violence, there is another aspect which goes unnoticed most of the times. There are many people who have to suffer at a very young age due to such cases. Their career is ruined and they are left with no other option but to suffer from delayed judgments and biased police investigation.
“There are many cases pending incourts in which young professionals, including doctors, engineers, software engineers, etc. are involved,” said Ashwani Bohra, an advocate who prefers to fight cases from the groom’s side alleging misuse of IPC sections related to domestic violence and dowry harassment. 
Giving an example, he said that dowry harassment and domestic violence cases were filed against one of his clients – Amit Jain who had completed his MBBS and was to appear for MS entrance exam. But due to the case, which is pending in the court, he could not sit in the examination and his promising career as a doctor has been ruined,” said Ashwani. 
A physically-challenged person, Rameshwar Meena, a resident of Chaksu in Jaipur, was finally disposed of all the charges against him by his wife recently. When the trial was going on, he cleared an exam for second grade schoolteacher, but due to the trial, his career seemed to be in limbo. 
“It was a horrifying experience. I was accused of beating up my wife and fake medical certificates proving me a brutal person were prepared and produced in the court. I was alleged of demanding a motorcycle from my wife which I never did as there is no use of motorcycle for me as I am handicapped,” said Rameshwar. 
“In most of the cases, the FIRs are lodged by giving distorted facts and police either act lethargically or adopt a biased attitude which cost dear to the groom and his family,” Ashwani added.

03.18.09

Appraisal and Audit of the Indian Bureaucracy

Posted in Men, Women, government, legal extortion, legal terrorism tagged , , , , , , , , , , , , , , , , , at 11:51 pm by legalfighter

 

Harsh reality of India being depicted in The New York Times article should not evoke any surprises as more realities of India are going to be revealed in the following article. A glimpse of the article is given below,

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This is a picture of an under-nourished child in India. The Ministry of Women and Child Development has probably forgotten about the children of the country and that is why this starvation is not getting addressed in India. In its over-enthused spirit to do women empowerment and safeguarding the rights of “Pub Going Loose and Forward Women”, it has actually forgotten that it had to look after the welfare of children as well who are totally left to live in an under-nourished fatherless society, which is again being created due to the efforts of the same Women and Child Development Ministry.

And here’s an unrelated incident to highlight as to why such gory misdeeds are coming to forth. It clearly shows the lackadaisical attitude with which these so called Babus of ministries work. A concerned citizen had filed an application under the Right to Information Act, 2005 for personal inspection of file records related to the proposed Sexual Harassment Bill. When he went to inspect the records, the behavior of the officer there, who is an IAS cadre officer, Mr. M. R. Mohanty, Director of Women and Child Development Ministry, was very rude. Already the RTI activist had been given the usual complacent treatment with regards to the appointment for personal inspection of file records.

This is what allegedly transpired,

“The behavior of the PIO (an IAS) was very rude and uncooperative. He just showed me three files as all the records for sexual harassment bill in the ministry. I asked him many questions and based on his own answer i asked, where are those documents where all what you just said is documented? He got irritated and even started talking like a goon.

He said “RTI? Kyaa phansi thode hi chadha doge.” (RTI? Will you hang me?)”

Now I need not say more, that with this kind of attitude, what development the citizens can expect from the Bureaucracy of India? Worst is that the bureaucracy is paid by the taxes paid by the citizens. Do the citizens pay taxes for this kind of attitude and treatment?

From a very simple logic, the bureaucracy is the service provider and the citizens are the customers. But the quality of service provided by these Babus is far less than what the clients deserve.

Why the disparity? What is lacking? What more needs to be done in a system that is built on the worlds largest and probably the best Constitution?

And the buzzwords that start doing the rounds are not unfamiliar,

  1. Sense of accountability
  2. Implementation
  3. Sense of responsibility

And so on and so forth.

Prior to 15th June 2005, the citizens were powerless as there was no official channel to question the Babus and their ‘activities’ to bring about transparency in the system. But come 15th June 2005 and the Right to Information Act 2005 received the presidential consent and became the law of the land, empowering citizens to demand information from the Babus about their functioning and play a participants role rather than a spectator.

Fourth year in its execution, still there is very low awareness and respect among the Babus regarding the Act. Many still don’t even know something like this exists. I have heard experiences of Govt. officials addressing it as “RIT”, in shock and disbelief, as they are made to work by the Stupid Common Man, the same Stupid Common Man they ruled for years beings its servants, the Public Servants.

In spite of the law being there and being used as well, the scenario remains grim, Why?

Because periodic and systematic audit and appraisal is missing from the system, an audit that ensures performance is missing. It is worthwhile to note here that Corporates are highly successful in execution, implementation and performance because of their ruthlessness as far as performance is considered.

In most of the Corporates there is a quarterly appraisal system carried out which evaluates the performance of an individual and sets the goals for the next quarter and accordingly ratings are given. If consistently ratings drop, then warnings are issued to improve performance and may even end up in termination of job. However, since there is no such model available in the bureaucracy as of now, the quality of service is pathetically poor.

The Right to Information Act, though being there, is based on a reactive model. The damage is already done, it is merely being exposed. And the fear of exposure no longer works for these thick skinned Babus, who are now used to the usual tactics which are well within the framework.

The call of the day is a pro-active model which is so designed that it tells the bureaucrats before hand as to what can be the consequences of a non-performance and a callous attitude. Such pro-active models can only be built in by bringing in the “Appraisal and Audit Model” wherein there is at least bi-annual evaluation of performance if not quarterly and that audit should not be done by any Govt. Body otherwise it’s like curing the cancer with the cancerous cells.

That audit has to be done by state level committees formed of the ordinary citizens, the Stupid Common Man, as they are the clients of this huge and humungous system. Once this system is in place, the Babus will fear for a ‘pink slip’ from their paymasters aka the Stupid Common Man and this fear will make them work.

03.17.09

Marriage broken irretrievably? Grant Divorce

Posted in Men, Women, dowry, government, legal extortion, legal terrorism, life, marriage, society tagged , , , , , , , , , , , , , , , , , , at 11:51 pm by legalfighter

The Honorable Supreme Court has recently ruled that Irretrievable Breakdown of Marriage is no ground for divorce in a ruling. Taking strong exception to the same, the Law Commission has ruled that, the same should be made a ground for divorce. As is evident both views being contradictory to each other, either one of them are beneficial to the society and citizenry at large.

Marriage is a social institution and is the first step towards the formation of family. It gives the people, the much needed support to face the adversaries of life and is a source of happiness for any individual. However, when there is a clash of expectations between individuals and hidden agendas are involved or the mutual trust between partners is broken, the marriage ceases to exist in spirit and remains only on papers.

Irretrievable breakdown of marriage has not been laid down as a ground of divorce in Hindu Marriage Act; however there have been judgments where divorce has been granted on the same basis by the Honorable Supreme Court. But very recently, as mentioned, the Honorable Supreme Court denied divorce on the same grounds saying the law does not permit it. Analysis of the contradictions led to serious revelations. The divorces granted on “Irretrievable Breakdown of marriage” were those demanded by wives while the one recently rejected was demanded by husband.

This is nothing short of discrimination against husbands by the Honorable Supreme Court and is a defeat of human rights of husbands. Be it a man or a woman, a right to peaceful and dignified life is an unchallengeable one and has to be respected at any cost. End of marriage is not the end of life and if two people, after having married to each other are not happy with each other and all means of restoring their marriage have been exhausted, one does not see any reason not to grant them divorce and allow them to move on in life.

A relationship is meant to give support to an individual in a social context and not to form a burden and all relationships are quintessentially trust based. If the trust dies, so does the relation, maintaining it on papers is another fallacy like the relationship itself? A true and mature relationship is one, where even if there is a tiff between the partners, the same can be resolved by making one phone call no matter who makes the call. If any relationship fails this One Phone Call Test, it is better called off and that too in a manner which ensures happiness and mental peace for both the partners.

The Law Commission must be lauded for being so quick in responding to the call of making “Irretrievable Breakdown of marriage” a ground for divorce and calling upon the Center to consider the amendment to Hindu Marriage Act. This call is a triumph of human rights, especially for men, whose rights are often trampled in an over enthused spirit of Women Empowerment which unfortunately is not synonymous with Male Entrapment, the way currently it is being executed.

Save Indian Family Foundation, an NGO dedicated to promote Family Harmony and Gender Equality urges the Center to consider amending the Hindu Marriage Act for including “Irretrievable Breakdown of Marriage” as a ground for divorce.

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