Open Letter opposing the new proposed molestation law

To
Dr. M Veerappa Moily
Hon’ble Union Minister of Law and Justice
Ministry of Law and Justice
Govt. of India
4th Fl. A Wing, Shastri Bhawan
New Delhi – 110 001

Sub: Protest against new proposed molestation law.

Respected Sir,

All India Men’s Welfare Association (AIMWA), herein referred to as “The Association”, is the first ever organization formed to protect the rights and interests of men and to fight against all kinds of discrimination against men and boys in all arenas – social, legal, economic, etc.

The Association strongly objects to the new proposed molestation law in which there will be no bail and there will be 2-5 years of imprisonment.

As The Association understands, this law is being proposed as fallout of the hyped case of Ruchika Girhotra, it is very pertinent to note that “alleged molestation” is not the main issue here. The main issues here are,

  1. Bureaucrats having arrogance of power and their “power connections” and the confidence that they can get away with almost anything. For e.g. in this case Ruchika committed suicide 4 years after the “alleged molestation” which clearly points to a fact that what she and her family suffered afterwards was far more torturous and tumultuous than the actual alleged molestation. Her brother Ashu Girhotra was not only implicated in multiple false cases but was also subjected to cruel and inhuman third degree torture. What was his crime? Even the most dreaded criminals are not subjected to such treatment.
  2. Judiciary showing its complete failure of performance and breaking new records of delay in delivering “decisions” every three months. Every quarter we here of a case coming to an end after 15 years, 17 years, 19 years. Are they playing with people’s lives? And it is the judiciary who has given S.P.S. Rathore – the prime accused – the field of 19 years to play his “power connections”. The Judiciary is directly responsible for what happened with the Girhotra family and friends after the case.
  3. The police department for shielding Rathore. This is not a new thing for us. But the moot questions that remains are, Do we accept it? Or do we raise our voice against it? Why can’t the Govt. comply with the directions laid down the Hon’ble Supreme Court of India in W.P. 310 / 1996, Prakash Singh and Others vs. Union of India and Others under Article 142 of the Indian Constitution for implementing police reforms?
  4. The above mentioned reforms ensure that the police personnel do not misuse their power in uniform against the natural principles of justice and public interest. The judiciary is completely failing in delivering justice and wake up only at public outcry. Is it that for every blunder it makes the citizenry has to raise its voice and then only the judiciary will move. As rightly pointed out by Harold Laski in the “Grammar of Politics” – “Judges do not deliver judgments; they only give decisions. They only decide which side argued better”. And it takes 19 years for the Indian judiciary to decide which side argued better! In such a situation would not have “Injustice” been far better than “No-Justice”?
  5. Fund chasing radical gender biased extremists hijacking an issue of corrupt police officers, bureaucrats and judiciary working hand-in-gloves to murder natural justice, into a generic male-bashing program and vouching for another unconstitutional anti-male law. Why should the ordinary and innocent citizens, especially the men, bear the brunt of the power games played by a top cop?
  6. Even after his misdeeds being open in public the retired DGP was given Anticipatory Bail, while husbands are routinely denied bail in cases under Section 498A even without investigating the matter. On the other hand, in 498A cases the bail itself is used as a legal tool of blackmailing and extortion. Whereas, in the case at hand, justice is being murdered right inside the “Temple of Justice” in broad daylight.

Instead of fixing these lacunae in the system the Govt. is thinking of bringing in another biased law! The Association strongly objects to passing any new anti-male law with regards to this matter. If at all, the Govt. wants to do something then,

  1. Right to Information Act, 2005 (RTI) should be strengthened, implemented properly and those bureaucrats who flout the RTI Act blatantly should be severely punished (even imprisoned) so that they learn to fall in line and work for “Public Welfare” and not for their own selfish welfare.
  2. Bring the entire judicial proceedings and administration under the ambit of the RTI Act, so that they can be held accountable for playing with people’s lives and delivering “No-Justice” after lifetime of cases running.
  3. Amend Article 311 of the Indian Constitution to nail the corrupt officials as pointed out by the Hon’ble Union Minister of Law and Justice Dr. M Veerappa Moily as reported in the Indian Express on the 14th of September 2009. Link here http://www.indianexpress.com/news/revisit-laws-which-shield-corrupt-govt-offic/516747/.

Especially in this particular case, it was not Rathore alone who was playing the power game using his “power connections” but the entire system allowed him to do so. The entire system allowed him to carry out systematic legal torture of the Girhotra family and friends unabated and therefore the need of the hour has come to overhaul the entire system, than just adding more problems with another biased, assumption based, anti-male unconstitutional law crumbling under the pressure of male-hater fund chasing radical gender biased extremists. We have already seen the havoc created by “Section 498A of the Indian Penal Code” and the “The Protection of Women from Domestic Violence Act” the spearheads of male-hatred vouched by them.

All India Men’s Welfare Association will be constrained to launch an All India agitation against the new proposed law on molestation unless the Govt. gives an official statement that it will not be considering it.

Date:                                                                                                                                                                                                 Thanks and Regards

Place:                                                                                                                                                                                                                       Member
All India Men’s Welfare Association

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8 thoughts on “Open Letter opposing the new proposed molestation law

  1. It is extremely unjustified that for one wrong S P S.Rathore,a new and barbaric law is going to be heaped upon the entire MALE Population and thereafter with the ceaseless misuse of this new law like 498A, Police, Lawyers will get another golden opportunity to make more money at the cost of poor MEN and their Families.And NCW will get more ammunition to fire on the pretext of these false statistics.

    We must oppose this tooth and nail.We should nip the evil in the bud.

    Regards.

  2. Brilliantly put. The home ministry, law ministry and the NCW are all hand in glove. The NCW is legal terrorist organisation and must be shut down at once.

  3. I am totally against this media evoked knee jerk reaction of the govt to nail males to cover the faults of the govt.today women file false case with impunity be it 498a 0r 354.this is totally unjustified and unacceptable we have to take the political parties particularly common people who have suffered and women MPs who have suffered in their familes to stop this draconian law

  4. Brilliantly put!
    Shame on NCW and other fund chasing feminists for using Ruchika’s family tragedy to further their political agendas. Their main goal is to subvert the law, constitution and the legislative process as much as possible to rob ordinary males of their constitutional rights and their hard earned money. Subversion of constitutional processes and protections is what resulted in the Ruchika family’s tragedy.

    The tragedy of Ruchika and the Girhotra family is the damned corruption in the police and judiciary. It is not the lack of legislation that resulted in this tragedy, but the subversion of the system by the powerful elements. When those that are responsible for upholding the constitutional protections of the citizens, are themselves participating in the destruction of those protections, where could the citizens turn to?

    Instead of strengthening the constitutional protections for the citizens by limiting the unfettered powers of the police, like by implementing the crpc 41 amendments and the Joginder Kumar vs State of UP SC judgments, the shameful government wants to introduce yet more legislation that would result in similar and perhaps more heinous tragedies than Ruchika.

    This subversion by the NCW should be widely exposed. We all want justice for Ruchika Girhotra family. To prevent such tragedies from recurring, MHA should implement crpc 41 amendments immediately.

  5. Sir,
    Excellent Gender neutral article.

    Unless we show our strength in protests, dharnas & election campaign, these news hungry, vote-hungry, power hungry, case hungry people will continue to harass its own male citizens against constitution & law.

    Let us boycott/demand prosecution/abolishment of gender biased Newspapers-Police stations-courts-politicians which have not punished false complainants by its own. Let us demand that all anti-male laws be abolished from date of their introduction and all complainanants be simultaneously arrested & prosecuted for false-charge.

    Let us show our strength to defeat all gender biased Prowomen Politicians.

  6. Great initiative. These laws assume women are from the family of Raja Harishchandra and men are all fraud. Every thing they tell is true and hence men can be incarcerated just on the basis of complaint. Gone are the days when one could trust every women. These laws have directly affected the basic rights of men and have let them to live at the mercy of women. Not at all a responsible and just step.

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