Showing posts with label 498A Wedding Gift. Show all posts
Showing posts with label 498A Wedding Gift. Show all posts

Friday, 14 September 2018

Scrap 498A as Supreme Court again Failed to Protect Article 21:Live & Liberty of Innocent Person.


Today is the 5th time SC Judges once again recognized the misuse of Law 498A, but what SC had been done? Have they really interested to protect the Live and liberty of Indian Men, which is back bone of Indian Constitution and its responsibility was assigned to SC to protect for every citizen, irrespective of their caste, religion or sex (gender). 


Court Says :

It is propounded in a court of law that the penal provision is abused to an unimaginable extent, for in a cruel, ruthless and totally revengeful manner, the young, old and relatives residing at distant places having no involvement with the incident, if any, are roped in.  Thus, the abuse of the penal provision has vertically risen.  When the implementation of law is abused by the law enforcing agency, the legislature introduces a protective provision as regards arrest.  Needless to say, the courts have ample power to grant pre-arrest bail or popularly called anticipatory bail and even to quash the criminal proceeding totally to stabilize the lawful balance because no court of law remotely conceives of a war between the two sexes.  The courts remain constantly alive to the situation that though no war takes place, yet neither anger nor vendetta of the aggrieved section should take an advantage of the legal provision and harass the other side with influence or espousing the principle of sympathy.

SC 3-bench Judge, acknowledge the Misuses of Law once again, but as solution says AB is available, but failed to understand the getting AB is not some thin ordering Pizza or a cup of tea.  When abuse the power of arrest happens, do you think Police is fool to give the time the person to go for Court to apply for AB? Who will stop the extortion, Blackmailing happen in court , police station in the name of AB ?

Solution given by SC: Training to Police personals. What a Solution, as last 50 years no training was given to them in spite so many SC guidelines and Judgments.

SC: Solution to stop abuse of arrest is Training. Really ? 


In spite of having Blackmailing and extortion Law , Government make special law 498A , which even term mental cruelty to wives as criminal offence ( which all over country deal by gender neutral Civil Law ). 

But any mental cruelty by wives to Husband is not crime in India. Such was the Unfair law in this country, where even silence of any Husband or his long relative members can be termed as criminal and as its non-bailable offence , the person can be put in Jail irrespective the allegation latter found true or false.   

One Have to understand why Rajesh Sharma Judgment was have to come in picture to form Family Well fare Committee to verify 498A complaint, before refer to court or Police.

Advocates/Judges/Government may say to abuse arrest 41A/Various SC judgment was there to avoid immediate arrest, But Practically it had been witness, none had given any respite for abuse of power of arrest.

When police arrest someone, technically prim face you can’t say its abuse, as it was non-bailable offence and Police, as they can’t refuse to register FIR. On the spot also police can arrest the Husband, if opposite party power full or use influence, so, the abuse of power of arrest was not curbed nor register of FIR with long list of people was stopped.

The intention of Rajesh Kumar Judgments was to curb automatic register of FIR and abuse the power of arrest, only think they have to record the reason and Justify. Means abuse of power of arrest was continue in spite of 41A/various Sc Judgments. Rajesh kumar Judgment was tried to given a way to filter the complaint via Family well fare committee to get time Husband to get AB, which had been reversed.

Second think getting the AB does not remove person name from the list of Criminal or provide the Live and Liberty of a person provided under article 21 , many rights had been restricted as soon as your name in list of any criminal offence start from free moment to get Passport, Job and many more.

Hence, SC- 3- Judge failed to curb the Misuse the 498A and protect the constitutional right of article 21 of innocent persons, though they acknowledge the same, but failed to take any corrective action.

The justification given CRPC41A and AB available as per law, so no need any other remedy. In the same logic, if any women face so called dowry harassment, she can file case as blackmailing and extortion also, but why special law 498A? Why the demand of Money/property by wife family from Husband not termed as Dowry ?

The solution given by SC Misuse to be dealt with AB is nothing but their failure to take corrective action. Result the innocent people have to suffer, which SC judges itslef termed earlier as unleash Legal terrorism.

Wonder our SC is for to take only note of Misuse or give corrective action? Even after 5th time , still they have not courage to #Scrap498a .

The justification SC- Judges given , it’s not their Job to correct in loophole in Law , but in case of Vishaka case to order internal committee ( already sexual assault law was there) , 66A scraped for Misuse , 377 modified to stop abuse the law , but when comes to 498A , their contracted stand surprised me.

So , it’s clear beyond reasonable dought that in India none is interested to protect Men’s Live and Liberty right provided by Constitution article 21 by making multiple unfair Law by government , the laws will be abused by Police, advocates. SC Judges also un willing to take any corrective action. So, what option as Men in India you have?

Injustice somewhere is threat of Justice every where!!!

#SpeakUpMan before its too late,as no other bandage solution except #Scrap498A ,  otherwise future generation is not going to forgive you for your silence, as today Marriage it self is became Crime  for Men in India.

Sunday, 15 November 2015

Watch SIFAR : Documentary on International Men's Day ! on YouTube

On the eve of International Men's day Delhi based SIFAR Video team had released their 2nd  Documentary !! 


The Video Consist of live examples how men , start from Common Men , activist , Victims and actors , who realize the need of Men's day and shown their happiness that there is a effort going on to establish the need of Celebration of Men's day too !!

As on date more than 70 countries all over word celebrating #mensday19Nov , which was first celebrated in 1992 and the numbers are increasing .


We have witness SIFAR team's earlier Video like A Fake Story JustMean , Documentary on NGO Working for men already had been well appreciated by many young Guys .

As a result I had witness in Last   month 3- student group came to us to make Documentary on suffering of Indian men , which never witness earlier in #FeministWorld .

Media , Judiciary , Parliament and Police , the four pillar of Indian Democracy seems forget that Men are Human too !!

The sacrifice , love , care and bread winner's role since establish of earth Men are doing had never been recornised or respected .

Men had been always taken as granted , result start form Suicide , Crime against men , sexual abuse ,  Blackmailing, extortion  , Domestic Violence against men are increasing at rocket speed.

Even many Mother's , Sisters , wives, Girlfriends are also keep calling Men Help line like SIF_ONE : 8882498498 as they can't bear the pain of their own  Son, brother , Husband or fiend's daily suffering lead to silent death !!

On the basis of Mere a verbal allegations, even Nobel Prize winners men , Judges , Power full Politicians , advocates  had also lost his Job , forget about common men .

Ms. Uma Challa , a Hyderabad Based  Women through her Blog named Fight for Gender Equality  made a Press Release said :


Sadly, the present day society and media tend to idolize and honor just a handful of stars and celebrities, while ignoring the contributions of the majority of men. They also demonize all men and everything masculine, without realizing the negative impact that it can have on men, women, children, and the society as a whole.
International Men’s Day (IMD) is a day to
  • remember all the good things about men and boys around us.
  • acknowledge and celebrate the invisible heroes of everyday.
  • honor men for all their positive contributions to the world.
  • pray for the health, well-being and safety of men and boys.
  • to ask for fairness towards men and boys in all walks of life.
  • join hands to end misandry and to restore respect for masculinity.
IMD is also a day to examine the various issues faced by men and boys and to discover ways to address them. It is a day to sensitize the society to work towards making a difference for men and boys. This year True Equity Network (TEN) India and All India Men’s Welfare Association (AIMWA) will be focusing on two important issues, namely, health and education of men and boys.

One may agree or disagree , but the reality of 21st Century that Men are Under Attack . The suffering, wrong done against them had never been considered as concern in this country . 

Men are Human too , Stop Abuse them !!



Them of this Year International Men's Day by Save Family Foundation ( SFF)  : Men are Human too

In a country we have Government funded authority/Commission even to protect the rights and welfare of Trees, animal, but none for Men. When it comes to issue like Crime against men or high Men suicide, Job-loss of Men, Men health issue , our Government always prefer to go on silent mode.  

 

It’s no more a #MensWorld, it’s #FeministWorld who force men or Boys to behave like a just Free ATM machine or became a Robot without heart and humanity.

The early you accept truth, is better for yourself and must read Why to Celebrate International Men’s Day?

 

 







Wednesday, 25 March 2015

66A Scraped what about 498A , 354 and 376 ?

On the eve of SC #Scrap66A , we all welcome the decision and establish that a badly drafted law can only lead to havoc in Society.


There are many such laws like 498A , Molestation ( 354) , Rape(376) also fall in that category .


The Indian constitutions article 15(3) had been misused just for Vote bank in the name of Women or caste , the way in 66A the constitutions 19(2) was misused, but in reality there is no improvement in society for what such provision was made.


As per New Law if a women can term any Men as Molester or rapist without any medical evidence. 

 

Mere on her Verbal allegations, you will be arrested and even after court trail found the same was #Fakecases hardly any Police officer or Judge will evoke CRPC340 or IPC 182.

 

Our Law Makers and women organizations along with some radical Feminist  Ideology Electronic Media always promoted such decoration Law as Non-Bailable , lead to massive Misuse and violation of Constitution article 21-( Live & Liberty) .

 

Now , when SC will wake up and take corrective action against such LAW which had been made under misuse of article 15(3) by violating article 21?

 






Indiatimes has in its possession the formal judgment (dated 28 February 2015) pronounced in the 2012 ‘Amity rape’ incident. The incident dates back to 2012, when a girl had accused two boys of gang-raping her. 3 years later, the incident received a conclusion – the boys were free to go. During this time, the boys served 1 year in prison, and 2 years of regular criminal proceedings.

After 3 years of being labeled criminals by society, friends and family, Prashant and Milind, 2 Amity University boys have been acquitted by a trial court of allegations of raping a fellow student. The court pulled up Delhi Police and the investigating officer (IO) for carrying out a biased probe, cooking up evidence and hiding crucial information in the case which proved the innocence of the accused.


According to the police, the alleged incident took place on the afternoon of June 14, 2012. Prashant called the woman, who was his batch-mate, to Vasant Vihar to watch a movie. He was accused of giving her an alcoholic drink, driving her to a secluded place in Paschim Vihar in his Honda City car, calling his friend Milind to the spot and gang-raping her.

At face value, you can see that the testimony the girl gave was pretty damning – there was the dramatic allegation – intoxication and violently forcing a girl to submit to rape.

And just her statement was enough. Just her testimony led to investigating officers framing charges on the two boys. She also claimed that she had been treated so badly that she "had developed suicidal tendencies". Her statements were treated with even more delicacy particularly in the wake of gruesome attacks on women in the last 3 years after the infamous Nirbhaya incident. 

And then her testimony fell apart.


There was no DNA evidence.


The girl was admitted at New Delhi's AIIMS Hospital for 14 days after the rape, during which NO vaginal examination was conducted. She also said that the boys who gang-raped her had washed her clean to get rid of evidence. However, there was no residual DNA on her clothes. She also made accusations of “unnatural sex” – but evidence didn’t prove it. 

And what about the scene of the crime?


Police didn't actually investigate the scene of the crime, the place where she claimed she was raped. 

And the violence against her?


If they had explored the place, they MIGHT have found traces of her blood that spilled when she cut her leg there. When there were no cut marks on her body, she claimed that she was beaten with an ice bag. 

Which was also false - as Advocate Prashant Mendiretta, counsel for the accused, informed us. How can this ice not have melted in 42 degree temperature, in a room that had no fridge, air conditioning or even a fan? These were the conditions she described of the room she was supposedly raped in.

Psychological trauma?  


The court also rejected the prosecution's claim that the woman was so traumatised that she initially did not report the rape but only spoke about assault. Relying on hospital records and other evidence, the court said the woman was in her senses when she was examined on June 15, 2012, a day after the alleged incident. The court also observed that it appeared that the woman, after the incident, faked psychiatric disorders and was therefore referred a senior psychiatrist at AIIMS. The woman spoke about being gang-raped by the duo only on June 28, 2012, 14 days after the incident.

The evidence that sealed her fate and saved the boys,

Cellphone records obtained show that during the time when she was allegedly being assaulted and raped, there were multiple calls made to her phone.

She spoke 1000 seconds: with her friend
She spoke 300 seconds: with her father
She spoke 400 seconds: with her mother

This is among 50-60 calls she made/received from her number. 

And yet, not once did anyone raise alarm. 

The cellphone tower position logs indicated movement of the cellphone. How can someone get raped, and have someone make/receive 50-60 calls from their phone?


The judge urged the police chief to frame guidelines making it mandatory for IOs to bring to the notice of the accused all evidence in a case, including those that favour the accused.  "She (the IO) has betrayed the trust reposed by the public upon a police official. The aim of the police officer should be to collect evidence and not to create it...(She) committed breach of professional standards by ignoring, disregarding and withholding material evidence which pointed to the innocence of the accused," the court noted while delivering the verdict.

With inputs from Sana Shakil, TNN



Want to #StopAbuseofMen by #Fakecases ? Call 0-8882-498-498 to Join # SaveIndianFamily Movement.

Any law which allow registration of compliant on assumption should be  Bailable only. Let the assumption proved in court and then Arrest them , if required for Investigation .

 









Sunday, 13 April 2014

Why you should vote My PARTY NOTA than Modi’s BJP?




Modi sold tea in train I sold chocolates in train! 

Modi feel pain for beti(daughters) I also feel pain when a beti (daughters) loose her son or brother!

Modi helped Gujarat to develop I also helped Gujarat to develop by working there and give special discounts to Surat/Ahmadabad textile mills!

Modi is fighting in two seats; I am fighting in all 545 Seats.

But Modi do not include SC order to check misuse of law in manifesto but my manifesto obey SC order to check misuse of Law!

( In this issue if you Vote for SP I don't mind as in their Manifesto also mention they will Check Misuse of LAW)

Modi do not have any concern as per NCRB data every year in India more than 65000 husband suicide , but I have concern for them and provide a special Men help line : 0-8882-498-498.

A Husband cut in 17 pieces in Gujarat by his wife and her friends , Modi do not feel pain or demand hang to death punishment for such wives, but I feel the pain even sitting at Delhi and protest against such crime and demand hang to death punishment. 

Modi's Party sitting in Opposition  join hands in parliament with Congress to pass Anti-male , Husband killer Law without any punishment to misuser of law , But I demand strong punishment and strict misuse LAW for every Strict LAW .

So this time no vote for Modi’s BJP party vote for my party NOTA!

Even my Surname also SARKAR, but Modi does not have Surname Sarkar.

This time NOTA SARKAR.

Stop Abuse of Men.