06.28.09
Why the system loves breeding crime?
Before talking on the topic at hand and the theme contained therein, I will talk about a movie titled “Newyork” which I happened to watch recently. A brief outline about the movie is given:
Newyork is a movie about 3 Muslim friends who happened to study in the New York State University (NYSU) and at the end of their college tenure in NYSU, 9/11 happens which changes their lives forever. Post 9/11 the security of the States was not only a question but a big concern for the Federal Bureau of Investigation (FBI) and it was under huge pressure to nab the people responsible for 9/11.
It shows how post 9/11 the FBI merely on the basis of suspicion had hauled up 1200 men into the Detention Centers (DC) designed by the FBI to ‘interrogate’ terror suspects. Although the internals of these DCs were kept highly secret giving security and severity of the incident of 9/11 as the reason, the secret had created an intellectual black hole about the functioning of these DCs and had the Human Rights Organizations (HRO) up in arms against them.
Some of the reasons the way prisoners were treated in these DCs that had irked the HROs were:-
- 1. People, merely on the basis of suspicion, were hauled up inside the DCs and subjected to inhuman torture.
- 2. They were denied a lawyer or any trial and subjected to barbaric punishment at the behest of the FBI.
- 3. They used to beaten up mercilessly whole night.
- 4. They were not allowed to urinate as well and were forced to pass on their waste in the cranked metal cell they forced to live in.
- 5. Their faces used to be tied up in sacks and the FBI personnel inside used to urinate on them and leave them in that condition all night.
After some months the people were released due to lack of evidence. But the inhuman torture they underwent unnecessarily merely on the basis of a suspicion, fueled by a presumption propelled by a mass hatred against Muslims, turned the innocent citizens into dissidents and rebels and they started getting organized to operate ‘sleeper cells’ which used to work against the Government to spread terror.
Due to the threat cast on the security of the US by 9/11, FBI spunk into action and in order to justify its stand against terrorism, hauled up innocents and subjected them to inhuman and barbaric torture to justify their illegal detention in order to extract ‘information’. This process in turn led to transformation of the innocents who lost all trust on the system and became dissidents. And these dissidents in turn, became a terror threat to the country. The atrocities of the system allegedly designed to contain terror became breeding grounds for the same.
Most of the systems function similarly. They have grown so large and hauled up so many expenses at the cost of the public exchequer that they are in a constant fix to justify their existence. And the systems go to any level to justify their existence. The simplest way to justify their existence is to have a plethora of problems in the society so that they can say that they are needed to solve the problems.
However, societies rarely go into the root cause of the creation of problems. If there are dissident who are working to create disturbances in the system, then it is pertinent to do a root cause analysis (RCA) of the creation and propagation of the problems. Every year we get articles in the media crying about soaring rate of crime and putting pressure on the police and the judiciary to perform and reduce the rate of crime.
And we also get articles in the media about the corruption of the police and the judiciary and the inefficacy of the judiciary and the inefficiency of the police. These articles create a pressure on the system to perform and an illusion on the society that a huge and humungous system is needed and public exchequer’s money has to be utilized.
However, what the society does not know is that the system loves crime and criminals. They are properly protected and pampered by the system (indirectly) wherein the justification for corruption comes in. And this corruption has given an unasked for intrusion of organized crime and criminals into the system who are helping breed more crime by designing the system such that it is very easy to trap innocents but very difficult to nab criminals.
One of the obvious instances of such a behavior is abuse and extortion of men and their families in false dowry harassment cases and false cases under Domestic Violence Act. The system is well aware that these laws are easily ‘misusable’ and are misused in reality to the totality as well. These laws are used as an extortion tool to treat men as FREE ATM MACHINE. And it is not that the system is oblivious to the misuse. The system here traps innocent men, merely on the basis of a suspicion (raised by a false complaint by their wives against them), fueled by a presumption propelled by a mass hatred against men in general and husbands in particular.
The system is well aware of the misuse and despite being confronted on it, feigns ignorance and allows it to continue despite drawing flak. It is quite obvious the system draws incentives and concessions from the misuse. The most obvious incentive is a cut of the extortion, extorted by filing a false case against the man and trapping him.
However, that is a very short term for the system and works more for the individuals of the system rather than, for the system per se. The system as a whole and its stakeholders has a lot to gain from the misuse. The more the misuse, the more families break which leads to more consumerism as joint families disintegrate to nuclear families and nuclear families degrade to shattered families. Also the setback of a breakup leads to increased psychological spending.
In a nutshell, broken families lead to more consumerism, which leads to increased cash flow which in turn, leads to a boost in economy and corporates are the direct beneficiary of this boosted economy who gain a better position to empower the system and further deepens the roots of the system. Broken families also lead to increased degradation of culture and enhanced frustrations in the society, a further enhancement of the justification for such a huge and humongous system to exist.
Moreover, it also gives a reasonable explanation to the system to be slow that the load is quite huge and thus the system can’t help but be slow.
Hence we see that it is all a vicious circle and the system gains immensely from being slow, inept, inefficient and breeding crime. There is no rocket science involved here. Bring the system to such a state that it becomes virtually impossible to trust the system and to get any work done, the overhead involved should be high. Such an agreement will automatically breed problems in the society and the justification for the existence and growth of the system will be self-feeding.
Also, as I cited the example of false dowry cases, allowing itself to be used as a tool to earn money, it attracts criminal minded women to misuse the provision against their husbands even if it breaks their families since it satisfies their material desires of money. And the system by allowing itself to be used as a tool of false cases, it creates an atmosphere where falsely framed men find it very de-motivating and frustrating to fight for their innocence because the system (with its powers) will plague the path of the fighter men with so many obstacles so that ultimately most of the men give up.
Those men who are framed falsely and pay up, decide that next time they get married they are definitely going to take dowry and the girl’s side, also since they have paid up, find it difficult to break the marriage as the man will then use the same money to fight the case. This leads to increase in the practice of dowry and those men are never framed. Whereas innocent men who used to despise dowry are framed and made to believe that unless they take dowry they stand the risk of a false dowry case.
Here also, the system is breeding the crime of dowry. Again since RCA is rarely done and numbers are taken as reflective of the social situation, the dowry laws are also never amended (despite being heavily misused) as huge numbers of cases (albeit false) give an impression that dowry is a big problem for the society. Again here, the system gets a chance to lay an iron hand on dowry accused and make them crumble to pay and no one questions them as they have the background support of ‘True Lies’ to protect them for the stand taken howsoever, immoral.
This is just one example wherein I have shown how the system works to create more crime in the society (albeit in the background); however this is merely illustrative and not exhaustive of the fact that SYSTEM BREEDS CRIME. There are many such areas where the system actually works to breed crime and not eradicate it. More crime helps the system grow, maintain and sustain itself without being questioned much. Obviously the system has a very valid (albeit non-righteous) reason to support and breed crime.
06.27.09
Press Release announcing Judicial Reforms recommendations by SIFF
PRESS RELEASE
Sub: Recommendations for Judicial Reforms by Save Indian Family Foundation
Save Indian Family Foundation (SIFF), an NGO dedicated to promote the cause of Gender Equality and Family Harmony, issues this press release to announce the recommendations it has sent to the Chairman, Karnataka Law Commission – Dr. Justice V.S.Malimath. A copy of the same has also been forwarded to Shri. P.D.Dinakaran – Honorable Chief Justice of Karnataka, Shri K.G.Balakrishnan – Honorable Chief Justice of India and to the Member Secretary of the Law Commission of India.
Judicial reforms are the call of the day in wake of deteriorating trust and faith of people on the judiciary. The pile of pending cases repeatedly reported in various media reports is acting as a catalyst to the deterioration. People are even taking law in their own hands being exasperated of either of no hope or inaction from the judiciary.
Some live instances clearly enunciating the decline of hope and faith on the judiciary:-
- Amit Buddhiraj, Infosys employee killed his wife and committed suicide when he had discovered his wife’s extra-marital affair and he was allegedly threatened with a false dowry case upon confronting (as per his suicide note). Amit Buddhiraj clearly knew that in a defunct and slow system plagued with judicial complacency it will be an unnecessary legal battle of 8-9 years before he could prove his innocence. Notwithstanding the crimes he committed, it is time the judiciary introspects itself to restore hope and faith amongst the common people lest they stop committing crimes unnecessarily.
- Syed Makhdoom recently committed suicide after he was slapped with a false dowry case and was being tortured by his wife and in-laws who were demanding 10 Lakhs from him in order to allow him to meet his son, who meant the world to Makhdoom. Before committing suicide, he recorded himself in a scintillating suicide video elucidating the pain he underwent not only at the hands of his torturous and greedy wife and in-laws but also the insensitive judiciary who could not ensure access to his son which is the natural right of both the biological father and son.
These instances are merely illustrative and not exhaustive of the torture men undergo as a result of an inefficient and slow judiciary which takes 17 years to decide a divorce case and finally leave the decision to God.
Union minister of Law and Justice Shri M. Veerappa Moily has taken up judicial reforms as the top agenda of his ministry. This is a very welcome step in the right positive direction and SIFF salutes such a stand of the new Government. Even Her Excellency The Honorable President of India Smt. Pratibha Devisingh Patil, emphasized the need of Judicial Reforms, on the National News in the Saturday 27th June 2009 4: 30 PM bulletin, to ensure :-
- Speedy disposal of cases because Justice Delayed is Justice Denied.
- Equal access of all to justice by finding innovative ways for the judiciary to be more people oriented.
SIFF, in its experience of dealing with false dowry harassment cases and Domestic Violence cases faced by innocent men and their families, has observed that judicial reforms is the most crucial step to prevent the crumbling of the Indian Family System under the onslaught of Legal Terrorism in the precincts of the litigating corridor of the Temple of Justice.
Judicial Reforms, if properly implemented will not only ensure proper access to justice for all, strong and weak, powerless and the powerful but also instill fear in those committing crimes leading to a reduction of crimes in the society and the foundation of a sane and just society will be laid.
Following this line of thought SIFF has submitted a memorandum containing recommendations on Judicial Reforms to the Chairman of Karnataka Law Commission, Dr. Justice V.S.Malimath, a copy of which has also been forwarded to Shri. P.D.Dinakaran – Honorable Chief Justice of Karnataka, Shri K.G.Balakrishnan – Honorable Chief Justice of India and to the Member Secretary of the Law Commission of India.
Highlights of the memorandum submitted are as under:-
Some of the problems and issues which prompted the need of Judicial Reforms:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or unjust.
- Suicide rates are on the rise especially amongst married / separated men due to the undue sentimental balance of the courts towards women which is being used to advantage by criminal minded women. In three years (2005 – 2007) 1, 65,528 married men have committed suicide as opposed to 88,121 married women as per suicide statistics by National Crime Records Bureau.
- In the last 11 years (1996 – 2007) 1, 56,000 husbands have committed suicide directly due to Domestic Violence. Suicide rate for married men have gone up by 6 times as compared to that for married women in 2007 as compared to 2006. Family problem is numero uno killer for men and women alike contributing 27.75% to the suicides in 2007 and 29.8% in 2006.
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.
- The Rules framed by the High Court to dispose of cases at least within one year is flouted by granting long, luxurious and indefinite adjournments by Family Courts.
- Even when the High Court orders specific time limits for disposal of particular cases, the Family Courts do not respect such orders.
- No rules at the discretion of the Family Court as provided in the Family Court Act are also framed.
- While the Act requires recording of the gist of evidence only, the Courts elaborately records every word uttered by the witnesses religiously thus wasting the precious judicial time.
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act vide. Section 9 and 10 has specifically banned appearance by Advocates.
- Practicing lawyers of family Court are appointed as counselors and mediators thereby defeating the purpose of counseling and mediation.
And SIFF has also made some demands as part of Judicial Reforms which are as under:-
- The fear of Contempt of Court is lurking like a dead ghost over law-abiding litigants who are terrorized to raise their voice against injustices going on against them due to judicial complacency, stereotypic assumptions and overstretched judicial leniency. The concept of Contempt of Court needs to be redefined objectively, like a law and should not be kept open to interpretation of anyone’s imagination or discretionary powers. The mere presence of the concept of the Contempt of Court should not behold a citizen from taking steps to ensure ends of justice and a citizen should not be deterred to voice concerns which impediment the path to natural justice and legal equality.
- Marital cases filed more than two years back, and still in the pending stage should be disposed off in the next six months as a compensation for the time litigants have already lost due to judicial delays in cases. This will lead to drastic unloading of the unwarranted pressure on the courts to meet targets.
- Frivolous, absurd and morally correct litigations like Shilpa Shetty kissing Richard Gere are not something the judiciary should waste time on. Prima facie rejection of cases, based on absurd allegations, illogical timelines and unexplained delay between filing of cases and cause of action, should become a norm. This will also lead drastic to unloading of the unwarranted pressure on the courts to meet targets.
- For child custody related cases, visitation to fathers should be granted in either one month of filing or two hearings, whichever is earlier. Also the visitation granted should be of such nature that it builds a sustainable parent child relationship.
- Alimony for doctors, lawyers, professionals, engineers, MBAs, CAs and the likes should be rejected prima facie and concept of lifetime parasitism be replaced by a better concept to provide interest free sustenance loans returnable in 3-5 years upon obtaining gainful employment. Voluntary incapacitation by capable spouses asking for maintenance to be made a punishable offense to discourage it. Moreover interim maintenance should not be allowed to be used as a dole leading to treatment of husbands as FREE ATM MACHINES.
- Form study circles with members from Save Indian Family Foundation who are acquitted of 498A cases, some high scholars and a few High Court judges to study husband’s issues.
- Granting of bail under Section 498a should be a norm rather than an exception and the granted bail should not attract stringent conditions rendering it ineffective in spirit if not in letter.
- Respect the dignity of husbands.
- Computerization of all court records, case details and case status in order to determine the load on a particular date, before next date is given. Often it happens that on some days there is a lot of load on the courts while on other days it is relatively less burdened. Such random fluctuations of work pressure can be reasonably smoothened with the help of IT and computerization. Other benefits include prior notification to litigants if the judge is on leave on a particular date.
- If 3 consecutive dates pass in a case and no progress happen then the judge/magistrate should be held responsible for that.
- Increased transparency into the functioning and administration of courts via enhanced respect of applications filed under the Right to Information Act.
- Provision of suo motu inquiry on all the judges involved in cases which are more than 5 years old. Failure to co-operate with the inquiry should lead to automatic termination of the service of the judge.
- Multiple provisions for maintenance viz. Domestic Violence Act, Section 125 CrPC, Section 18 – HMA, Section 24 – HAMA etc. should be simplified and normalized to one single provision as people are entangled in multiple litigations for the same alleged cause of action leading to infringement of Constitutional Rights vide Article 20,21 and 22 of the Indian Constitution.
Additionally SIFF Demands that,
- No new law/law amendment should be passed till judicial reforms are formulated and implemented.
- Judges should be barred from attending luxurious functions, they can use the same time to dispose of cases to reduce load.
Full text of the memorandum is available at
http://www.saveindianfamily.org/articles/open-letters/436-judicial-reforms.html
Thanks and Regards
Public Relations Officer
Save Indian Family Foundation, Bangalore.
06.24.09
Memorandum to Chairman Karnataka Law Commission for Judicial Reforms
To,
Shri V Malimath
Chairman, Law Commission of Karnataka
Sub: Concerns of Save Indian Family Foundation cornering around judicial reforms.
Honorable Sir,
Save Indian Family Foundation, Bangalore is an NGO dedicated to promote the cause of Gender Equality and Family Harmony. We commandeer the cause of those grief stricken families who are victimized by the misuse of laws like Section 498A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section 125 CrPC, Child Custody laws to name a few.
As your good office might be aware, of late, these sections have come under scathing criticism by support NGOs all over India under the aegis of the Save Indian Family movement of which Save Indian Family Foundation is also a part. We have our national and international helplines to cater to distress calls received from victims of misuse of the above laws by disgruntled in – laws and extortionist wives aptly termed by the Honorable Supreme Court of India as Legal Terrorism.
Marriage as an institution is increasingly becoming a prey to changing times, and to a cultural war between the Conservatives and the Liberals. As per studies conducted in Mumbai and Delhi, 40 % of marriages are heading towards divorce. The younger generation, being made a scapegoat in the changing times due to the ensuing cultural war between Conservatives and Liberals, wastes its useful youth in the precincts of the litigating corridors of the family courts, criminal courts and magistrate courts waiting in long queues being expectant of receiving justice.
But sadly enough expected reality is light years away from ground reality. In actual reality matrimonial cases especially those of divorce proceedings and criminal proceedings under Section 498A run for years together without any result. As a consequence of which,
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.
- Suicide rates are on the rise especially amongst married / separated men due to the undue sentimental balance of the courts towards women which is being used to advantage by criminal minded women. In three years (2005 – 2007) 1, 65,528 married men have committed suicide as opposed to 88,121 married women as per suicide statistics by National Crime Records Bureau.
- In the last 11 years (1996 – 2007) 1, 56,000 husbands have committed suicide directly due to Domestic Violence. Suicide rate for married men have gone up by 6 times as compared to that for married women in 2007 as compared to 2006. Family problem is numero uno killer for men and women alike contributing 27.75% to the suicides in 2007 and 29.8% in 2006.
- More and more children (for wedlocks where children are involved) are losing the custody / access of one of the parents (fathers generally) leading to the foundation of a fatherless society which will again lead to the figures which we are already observing in the United States of America as laid down below,
- 5 times more likely to commit suicide
- 32 times more likely to run away from home.
- 20 times more likely to have behavioral disorders
- 14 times more likely to commit rape.
- 9 times more likely to drop out of high school.
- 10 times more likely to abuse chemical substances (become drug addicts)
- 9 times more likely to end up in a state-operated institution
- 20 times more likely to end up in prison.
- 3 million teenage girls have sexually transmitted diseases
- At least 1 out of 4 teenagers (between 14years to 19years) suffers from sexually transmitted diseases.
Some other mishappenings worth considerate of your good attention are:-
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.
- The Rules framed by the High Court to dispose of cases at least within one year is flouted by granting long, luxurious and indefinite adjournments by Family Courts.
- Even when the High Court orders specific time limits for disposal of particular cases, the Family Courts do not respect such orders.
- No rules governing the procedures are framed according to NCW recommendations.
- No rules at the discretion of the Family Court as provided in the Family Court Act are also framed.
- While the Act requires recording of the gist of evidence only, the Courts elaborately records every word uttered by the witnesses religiously thus wasting the precious judicial time.
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act vide. Section 9 and 10 has specifically banned appearance by Advocates.
- Practicing lawyers of family Court are appointed as counselors and mediators thereby defeating the purpose of counseling and mediation.
Rampant corruption, undue sentimental and gender bias, delayed (denied) justice are some of the problems with which currently the judiciary is plagued with, leading to a serious and drastic deterioration of the faith of the “Stupid Common Man” in the institution of judiciary. We beseech you to take immediate note of situation and take appropriate actions to repose faith in the judiciary lest people stop flocking to the “Temple of Justice” for justice and take the law in their own hands.
Courts asking litigants to seek God’s help in getting divorce is a saddening reality. Why should the citizens take the burden of the expense of judiciary when they are not ready to take their responsibility and want to throw off everything to God? Such instances of judicial complacency warrant strong condemnation and act as a catalyst in further degrading the already degrading faith in the judiciary.
Draconian laws like Section 498a, and the Domestic Violence Act, already drawn the ire of the Honorable Supreme Court earning dubious distinctions like “Assassin’s weapon” and “Badly Drafted”, have become weapons of family destruction, marriage erosion and a legal opportunity to encash a bad marriage at the expense of men folks in the country. And all these practices seriously and heinously jeopardize the basic human rights of husbands and breed contempt.
We wish to submit the following prayer before your lordship:-
- The fear of Contempt of Court is lurking like a dead ghost over law-abiding litigants who are terrorized to raise their voice against injustices going on against them due to judicial complacency, stereotypic assumptions and overstretched judicial leniency. The concept of Contempt of Court needs to be redefined objectively, like a law and should not be kept open to interpretation of anyone’s imagination or discretionary powers. The mere presence of the concept of the Contempt of Court should not behold a citizen from taking steps to ensure ends of justice and a citizen should not be deterred to voice concerns which impediment the path to natural justice and legal equality.
- Marital cases filed more than two years back, and still in the pending stage should be disposed off in the next six months as a compensation for the time litigants have already lost due to judicial delays in cases. This will lead to drastic unloading of the unwarranted pressure on the courts to meet targets.
- Frivolous, absurd and morally correct litigations like Shilpa Shetty kissing Richard Gere are not something the judiciary should waste time on. Prima facie rejection of cases, based on absurd allegations, illogical timelines and unexplained delay between filing of cases and cause of action, should become a norm. This will also lead drastic to unloading of the unwarranted pressure on the courts to meet targets.
- For child custody related cases, visitation to fathers should be granted in either one month of filing or two hearings, whichever is earlier. Also the visitation granted should be of such nature that it builds a sustainable parent child relationship.
- Alimony for doctors, lawyers, professionals, engineers, MBAs, CAs and the likes should be rejected prima facie and concept of lifetime parasitism be replaced by a better concept to provide interest free sustenance loans returnable in 3-5 years upon obtaining gainful employment. Voluntary incapacitation by capable spouses asking for maintenance to be made a punishable offense to discourage it. Moreover interim maintenance should not be allowed to be used as a dole leading to treatment of husbands as FREE ATM MACHINES.
- Form study circles with members from Save Indian Family Foundation who are acquitted of 498A cases, some high scholars and a few High Court judges to study husband’s issues.
- Granting of bail under Section 498a should be a norm rather than an exception and the granted bail should not attract stringent conditions rendering it ineffective in spirit if not in letter.
- Respect the dignity of husbands.
- Computerization of all court records, case details and case status in order to determine the load on a particular date, before next date is given. Often it happens that on some days there is a lot of load on the courts while on other days it is relatively less burdened. Such random fluctuations of work pressure can be reasonably smoothened with the help of IT and computerization. Other benefits include prior notification to litigants if the judge is on leave on a particular date.
- If 3 consecutive dates pass in a case and no progress happen then the judge/magistrate should be held responsible for that.
- Increased transparency into the functioning and administration of courts via enhanced respect of applications filed under the Right to Information Act.
- Provision of suo motu inquiry on all the judges involved in cases which are more than 5 years old. Failure to co-operate with the inquiry should lead to automatic termination of the service of the judge.
- Multiple provisions for maintenance viz. Domestic Violence Act, Section 125 CrPC, Section 18 – HMA, Section 24 – HAMA etc. should be simplified and normalized to one single provision as people are entangled in multiple litigations for the same alleged cause of action leading to infringement of Constitutional Rights vide Article 20,21 and 22 of the Indian Constitution.
We sincerely hope the above letter will be taken in positive spirits and the lacunae in the system resulting in great misery for the citizens will be looked into with immediate attention.
Thanks and Regards
Public Relations Officer
Save Indian Family Foundation, Bangalore
06.22.09
A Citizen’s response to mass rape of men by feminists
In response to The Yahoo / India Times Opinion Poll wrt the Shiney Ahuja Rape Case
RAPE, DOMESTIC VIOLENCE & DOWRY AREN’T THESE THE TOOLS THAT GIVE A WOMAN ALMIGHTY & UNFETTERED POWERS, IF HER DEMANDS ARE NOT MET WITH…????????
WHO DECIDES WHAT ACTUALLY TRANSPIRES WITHIN THE CONFINES OF A BEDROOM???
There was an article earlier wherein the supreme court has even gone on to state that even in the absence of clinching evidence as that of semen samples, rape can be established merely on the allegation of the woman…
WHY ARE CRIMES OF THE LIKE OF RAPE, DOMESTIC VIOLENCE & DOWRY ONLY AFFORDED BY WOMEN??? WHERE IS THE QUESTION OF JUSTICE THEN???
YOU BRAND A MAN GUILTY UNTIL PROVEN INNOCENT WHY CAN’T THE SAME RULE APPLY TO A WOMAN???
AREN’T THESE THE SAME WOMEN THAT FIGHT TOOTH & NAIL FOR EQUALITY & LIBERATION, WHY THEN THE DUAL STANDARDS???
In the case in question, considering the woman (ALLEGED VICTIM) claims to have been Raped several times on previous occasions, strangely she didn’t find it appropriate in bringing it to the attention of the Lady of the House 1st, as also to the law, instead has bided her time in possibly making extortion demands culminating in her current theory…This being true ONLY IF there was ANY SEXUAL relationship, between the 2.
On another note, the State Forensic department has opinioned RAPE by virtue of the ALLEGED VICTIMS Hymen being broken; I wonder did the State Forensic Department make it their business to check the condition of the said woman’s Hymen before she took up employment???
And Finally WHAT CREDIBILITY DOES THE WOMAN HAVE AS COMPARED TO HER EMPLOYER??? As considering her theory of being Raped on a multiplicity of occasions, she strangely has decided to CRY RAPE only now… Why not earlier??? Isn’t it a case of her being smitten by an icon from Bollywood, who being sexually active would have flaunted & offered herself on the numerous earlier occasions as she claims, and then eventually decided that she could extort monies from a celebrity as he would have a lot more to lose than she would, given the stark difference in their social & civil backgrounds.
Moreover assuming that she did have multiple sexual encounters with her employer on earlier occasions, the same would have most certainly been consensual, as if they weren’t, she had ample opportunity in either leaving his employment basis her allegations, failing which if he had infact to RAPE her as the word suggests, she would have manifested her complaint on the very 1st occasion, whereby there would have been several physical manifestations of non-consensual intercourse. All this underwritten by the fact that she had the benefit of walking away from any perceived provocation as the precursor to any carnal desire is a base form of courting…WHICH SHE OBVIOUSLY & THOROUGHLY WOULD HAVE ENJOYED TILL SUCH TIME THAT SHE DECIDED THAT SHE COULD CAPATALIZE ON…!
AND TO THIS END SOCIETY & LAW BRANDS A MAN A CRIMINAL???????????????
In answer to NCW’s comment for Fast Track Court.
Isn’t it ironic that in the same breath of advocating justice by way of a Fast Track Court, she uses words like “allege & accused” which are in stark contrast to her line of Shiney Ahuja being proved innocent…! If its an allegation or an accusation shouldn’t the onus of proof lie in trying to prove him guilty ??? That too with Credible Hard core evidence & not mere speculation or hearsay…
Just because a woman decides to Cry Rape, interestingly after her claims of being raped several times on earlier occasions??? And then you have the forensic departments drawing conclusions by virtue of a ruptured Hymen….! Was there a Forensic test to establish an intact Hymen before the alleged victim cried Rape??? And who decides when Sex is consensual & when it is Rape??? The Victim??? Why wasn’t Rape cried before, on the very 1st instant??? But it’s considered Rape now??? Or was it considered Rape only after demands to exploit were not met with???
WHO WILL EVER KNOW THE TRUTH??? WITNESSES…! WERE THERE ANY BEHIND THE CLOSED DOORS…???
India Times Comment:
Isn’t it ironic that in the same breath of advocating justice by way of a Fast Track Court, the NCW chairperson uses words like “allege & accused” which are in stark contrast to her line of Shiney Ahuja being proved innocent…! If its an allegation or an accusation shouldn’t the onus of proof lie in trying to prove him guilty ??? That too with Credible Hard core evidence & not mere speculation or hearsay…
Just because a woman decides to Cry Rape, interestingly after her claims of being raped several times on earlier occasions??? And then you have the forensic departments drawing conclusions by virtue of a ruptured Hymen….! Was there a Forensic test to establish an intact Hymen before the alleged victim cried Rape??? And who decides when Sex is consensual & when it is Rape??? The Victim??? Why wasn’t Rape cried before, on the very 1st instant??? But it’s considered Rape now??? Or was it considered Rape only after demands to exploit were not met with???
Women like to sympathize if not Empathize with their own, but do you forget that you do have Men in your lives who rightfully or wrongfully could also become victims of circumstances, wouldn’t you then like the Truth to prevail before being the 1st to hurl your stone at the perpetrator???
WHO WILL EVER KNOW THE TRUTH??? WITNESSES…! WERE THERE ANY BEHIND THE CLOSED DOORS…???
JUSTICE MUST BE SERVED BUT IT MUST BE JUSTICE !
06.21.09
Consolidated news coverage for CRISP Father’s rally
1. Bangalore’s ‘deprived dads’ to rally for parenting rights
2. Deprived Dad to rally for Parenting Rights
3. Child needs affection from both parents
4. Bangalore’s ‘deprived dads’ to rally for parenting rights
5. ThaIndian – Bangalore’s ‘deprived dads’ to rally for shared parenting rights
6. Sulekha – Bangalore’s ‘deprived dads’ to rally for shared parenting rights
7. Prokerala – Bangalore’s ‘deprived dads’ to rally for parenting rights
8. Gaea News – Bangalore’s deprived ‘dads’ to rally for parenting rights
9. EMagazine - Bangalore’s deprived ‘dads’ to rally for parenting rights
10. Indian Express - Bangalore’s deprived ‘dads’ to rally for parenting rights
11. Headlines India - Bangalore’s deprived ‘dads’ to rally for parenting rights
12. WebIndia – Bangalore’s deprived ‘dads’ to rally for parenting rights
13. Samay Live - Bangalore’s deprived ‘dads’ to rally for parenting rights
14. Dad, I have got something to say
15. IE – CRISP for family law reforms
16. Mangalorean – Deprived Dads to rally for parenting rights
The double-edged rape-ier
Case 1: A minor girl from Malad recently alleged that a gym instructor had raped her. But later, cops found no evidence to suggest that the youth had sexually abused the girl. The case is under investigation
Case 2: A bar dancer in Nerul accuses a policeman of raping her. Police say evidence suggests that the woman had a relationship with the accused and sex was probably consensual
Case 3: An executive in a Delhi PR company spent two months in Tihar jail for rape. Later, investigations established that he was having an affair with the woman for two years and she wanted him to marry her. When he refused, she filed rape charges which she later withdrew as ‘false’
Case 4: During the 2004 World Social Forum, a South African judge of Indian origin, Sirajuddin Desai, was accused of rape by a fellow delegate from the same country. The sessions court later let him off after she withdrew her complaint and circumstantial evidence hinted at consensual sex
Case 5: In Bhayandar last year, a 17-year-old girl falsely accused her father of rape
In common parlance, it is called a false complaint. Legal eagles call it malicious prosecution.
While rape laws in the country are justifiably stringent, recently a few cases have indicated that the law can be misused, and has end up damaging lives in profound ways. So, if the girl is found to have filed a false complaint, what is the remedy available to the accused, who, ironically, then becomes the victim?
But do the police act?
The general perception is that the cops don’t act. But lawyers say there is no reason why the police should not ruthlessly pursue cases, which have been proved to be false. The police are duty-bound to file a final report in every case, which falls into one of the three categories:
‘A final’: Says the case is true but undetected (the case is left dormant till evidence possibly emerges at a later date)
‘B final’:Says the complaint was false (it could be followed up by prosecution of the complainant)
‘C final’: Neither true nor false.
Yet, there are a few cases where a false complainant is brought to book. In one instance, dating back to the prohibition, a tenant who had falsely implicated his landlady for drunken misbehaviour found himself at the wrong end of the stick when the police detected his complaint to be bogus. He was prosecuted and convicted.
Former DGP S S Puri, a law expert as well, says false complaints are more an aberration than the norm. Police say most false complaints fall under a few laws meant for weaker sections of society like Section 498 A of the IPC (dowry cases), Protection of Civil Rights Act or the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Crying rape is not that rare
While on one hand, rape remains a highly under-reported crime, on the other, there are instances of women seeking personal vendetta by crying rape. In the last year alone, there were two such instances reported in the city.But can a minor be sued by the police or by the aggrieved party?
Yes, say some lawyers. Section 82 of the IPC grants unconditional immunity to a child below seven years of age. However, the next section, 83, says, “An act of a child above seven and under 12 of immature understanding: nothing is an offence which is done by a child above seven years of age and under 12 who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.”
This indicates that anybody above seven years, and with a sound mind, can be prosecuted for an offence. However, offenders under 18 years will be prosecuted by the juvenile justice board.
Advocate Shrikant Bhatt is of the view that anybody of whatever age can be prosecuted for filing a false complaint. “For IPC offenders, it doesn’t matter if he or she is a minor or major,” he says. He/she does not even get the protection of section 82 and section 83.”
Public prosecutor Rohini Salian, who represents the police in courts, however, says minors can be sued only as a juvenile under the Juvenile Justice Act before the Juvenile Justice Board. “Most of these cases, if convicted, end up in a remand home,” she says. “The conditions in remand homes are far from ideal for corrective therapy.”
A better option therefore, says advocate Raju Moray, is to introduce the idea of community service for offenders as is done in the US.
Why arrest an accused unless there is prima facie evidence?
The arrest of the gym instructor has also raised a crucial point of law: is it necessary to arrest any person named in a cognisable complaint? Lawyers claim police jump the gun and promptly arrest an accused in cognisable offences. As a result of this trend, many resort to misuse.
“I know an elderly couple who has been blackmailed by their son and daughter-in-law to sell their house for fear of being arrested by the police in a false dowry case,” says Moray.
Police admit to a certain degree of misuse. And the fact that police often act promptly on such complaints encourages their misuse, feel lawyers.
“It is not imperative for the police to arrest an accused on the basis of a complaint,” says Bhatt. Section 157 of the IPC says if the police receive information about a cognisable offence, it “should proceed to the spot, investigate facts and circumstances of the case, and, if necessary, take measures for the discovery and arrest of the offender.”
Cops, however, dispute this point. “We are damned if we do and damned if we don’t,” says a senior police officer. “Take this girl’s case. Had we not arrested the gym instructor, there would have, probably, been a huge women’s morcha to the police station.”
Another police officer points out that in a complaint of rape it is important to arrest the accused. “How else can we conduct a medical examination or interrogate him?” Most importantly, SC judgments clearly prescribe arrest “in prima facie serious cases”.
Section 177
A false complainant can be prosecuted for knowingly furnishing false information to a public servant “regarding the commission of an offence.” The section provides for a two-year jail term or fine or both. However, the police cannot start investigations under without a magistrate’s permission.
Section 182
The victim can also seek recourse to Section 182 of the IPC, which deals with giving false information to a public servant in order “to cause him to use his power to injure or annoy anybody”. The sentence for this offence is maximum imprisonment of six months or fine or both.
Section 211
This section goes a step further and slaps a punishment of the same description on a false complainant that would be applicable on the accused had the charge been proved.
Section 376
Rape carries an imprisonment of not less than seven years extending up to life and a fine. This provision is invoked in a false charge of offence meant with the intent to injure in such a manner that gets criminal proceedings launched against that person. Proving the “intention” of the complainant holds the key.
Section 499
Apart from police action, the aggrieved party can also file a criminal case for defamation, under Section 499. The punishment in the latter case could go up to two years in jail, along with a fine.
Section 203
A multi-causes civil suit for damages under the head of defamation causing trauma, shock damage to a career is also possible. Another provision that could be invoked on a false complainant is Section 203, which deals with giving false information concerning an offence.
06.16.09
Invitation for Press Conference by CRISP announcing father’s day event
INVITATION FOR PRESS CONFERENCE
To,
_ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _
Dear Sir/Madam,
Sub: – National Fathers Day Rally demanding Family Law Reforms
On the occasion of the Father’s Day, we the members of CRISP have organized a National Father’s Day Rally on Saturday the 20th June 2009 from 10:30 AM to 1:30 PM near Mahatma Gandhi statue, M.G. Road, Bangalore to create awareness on the importance of the father in the life of children.
We are having a press conference on Thursday the 18th June 2009, at Press Club, Cubbon Park, Bangalore from 12:00 Noon to 12:30 PM onwards to highlight the problems faced by LAKHS of CHILDREN owing to the insensitive & biased laws of our country against the fathers in separation or divorce cases involving child custody/ visitation rights cases.
We would also be making a presentation on the serious effects of a fatherless society being imposed on our children, due to the outdated and casual approach of the Family Courts system in our country and the need for SHARED PARENTING and setting up special Guardian Courts in the interests of the children who have been denied their basic right of access to their parents.
Appreciate your presence at the press conference and help in building a better tomorrow for our children who are the future assets of our nation!
Thanking You,
Kumar V Jahgirdar
President CRISP
www.crisp-india.org
Press Release for Father’s Day Rally by CRISP in Bangalore
Children’s Rights Initiative for Shared Parenting (CRISP) is an NGO formed on 24th May 2008, by people who recognize the serious effects of Parental Alienation of children due to single parent families on account of divorce or separation. CRISP is also focusing on furthering the rights of children to remain connected with both parents. Our aims and objectives are based on research findings. We are a group of people from all walks of life, like software engineers, doctors, teachers, businessmen, social workers, etc. which includes women and senior citizens to address this burning issue of our present day society and its realities.
CRISP has organized National Father’s Day Rally on Saturday, the 20th June,2009 between 11:00 AM and 1:00 PM at Mahatma Gandhi Statue, M.G. Road, Bangalore, to demand FAMILY LAW REFORMS and to highlight the grievances of Fathers deprived of children’s access due to biased laws and failure of our system on all fronts.
Father’s Day is a day honoring fathers, celebrated worldwide. In India also the Father’s day is being celebrated since many years as an expression of love and tribute to the Fathers. The present day fathers participate equally in parenting of their children, in all spheres of their development, physically, mentally and emotionally due to the changing scenario of our family system, especially in cities and their role is paramount.
Unfortunately, however, the divorce rates are also going up substantially. There are more than 13,000 cases in the Family Courts of Bangalore alone, pending disposal and lakhs of cases in the country. CRISP is concerned with the growing custody battles between the parents and the ill effects on the children due to their parents’ separation. We at CRISP, which includes fathers, mothers and grandparents have charted a Pro-Family agenda and are actively working against and exposing Anti-Family organisations and systems. We speak for the rights of the innocent impacted Children who are deprived of the love and affection of both their natural parents and shared parenting is the only alternative arrangement to spend quality time with both the parents.
The traditional Indian Value system has undergone a sea change from the olden days where the mother was the nurturer and fathers the provider to the child. Now the present day father is equally competent in taking care of the needs of the child and in taking on the responsibilities of child upbringing and in no way inferior to the mother and this mindset against fathers is not valid. Serious disorders like Parental Alienation Syndrome (PAS),which is the worst form of child abuse wherein one parent out of revenge against the other parent deprives the child of the love and affection and care of the other parent and Reactive Associative Disorders, warp a child’s development. Studies have shown that there is a tendency for such children to become criminals in their later years, for which the society and our system are directly responsible. For details please see CRISP website http://www.crisp-india.org
Child Rights Initiative for Shared Parenting (CRISP), demands the following:
• Grant equal access to the separated parents who are keen to take care of their children as a practice and make this law mandatory
• Educate the parents on shared parenting and benefits for the welfare of the child through compulsory counseling before the decree of divorce is granted.
• Punish persons who misuse 498A (Dowry Act) and Domestic Violence Act as a tool to deprive the father from child access.
• Set up special courts to deal with child custody cases and address the problems faced by the parents who have been deprived of the any visitation/joint custody.
• All custody/ visitation cases should be disposed off as a TOP PRIORITY, within 3 months of application.
• Ban child interviews when the children are of tender age, who have not had adequate access with the non-custodial parent.
• Parents who don’t follow court orders pertaining to children should be punished and also declared unfit to be a guardian for the child
• Crisp urges a separate Ministry for Children and to delink the same from the present Women and Child Development ministry, since the objectives are different.
• Evening courts should be set up so that litigants need not have to apply for leave
• Mediators should be trained by child psychologists to keep children’s interest in mind and encourage shared parenting and what is in the best interests of the child.
• Create a Family Court and make available all the information on this (emulate the High Court example)
• India should accede to United Nation’s Convention of International Parental Child Abduction
About CRISP and its Achievements
1. Educated the system about the concept of SHARED PARENTING and its advantages.
2. About 1000 members across India and abroad and growing…
3. Weekly meetings, successfully launched various centres in the country to give mutual support in counseling and legal awareness
4. National Commission for Protection Child Rights (NCPCR) a Government of India undertaking has appreciated CRISP for educating the society and legal fraternity on the significance of Shared Parenting
5. Launched website: www.crisp-india.org where 1000s of victims have made use of the knowledge and information posted on the web-site and is the first its kind in the country pertaining to child custody matters.
6. Even mothers who have been deprived of child custody are members of CRISP and working for its goals
7. We are engaging with leading medical professionals to prevent suicides of deprived fathers like SYED MAKHDOOM who unfortunately committed suicide recently.
8. CRISP has made a representation to Chief Justice of India, WCD Ministry and law commission signed by over 500 people requesting shared parenting among others and awaiting suitable action from the concerned authorities and also to adhere to UN’s Child’s Rights Convention.
9. CRISP has made several press meets on general and specific cases pertaining to children issues and sensitized the society.
Finally….
Research has also proved that fatherless children are prone to suffer from suicidal tendencies, running away from the house, drop out from school, abuse drugs, end up in prison, teenage pregnancies, and end up as anti-social elements. We don’t want our children who are the assets of our nation to be exposed to such an atmosphere. India is known for our Family Value System and we need to preserve our heritage and greatness.
Father’s guidance on monitoring cannot be substituted by anybody in this world. After all “One Father is better than hundred teachers!”
Joint custody is the BEST SOLUTION in the modern society since the divorce rates are as high as 40% of marriages especially in educated cosmopolitan people.
Under these circumstances, we humbly request out media friends to bring it to the notice of all our citizens and help us to take up this cause for a better tomorrow fro our children and highlight these issues so that the society is sensitized of the matter.
Thanking You,
Yours Sincerely,
Kumar V Jahgirdar
President CRISP
9845264488
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