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

Today is the 5^th 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). 

Order Copy 498A : Click Here .

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.

Indian Women are not liable for maintain Minor child or Old parents?

Responsibility to run Home should be on Women too : Says Judge Ms. Mona

We all know how women organizations and radical feminist gang keep blaming Indian society and mind set regarding preference of Son than girls in India. Given enough examples of how unfair Indian parents are towards their girl’s child.

But do you know who had promoted such mind set?

Do you know how they treat their own age old parents?

Do you know it is the women of the family prefer a son than girl’s more than male members?

Read the law CRPC125, the law was proposed by such women and radical feminist organizations only.

It may be noticed that Section 125(1) of Cr.P.C. reads as below:--

"Order for maintenance of wives, children and parents: -- (1) If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate , as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in Clause (b) to make such allowance, until she attains her majority if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means."

The question for consideration is whether the mother is liable to pay maintenance under Section 125(1)(b) of Cr.P.C. ?

It is true that in Clause (b) of Section 125 of Cr.P.C., the word used are 'his' legitimate or illegitimate minor child, and on that basis, it has been tried to be urged by many learned counsel for the petitioner that a mother would not be covered under this clause and cannot be held to be liable to pay maintenance.

Same way, women can’t be liable to maintain to her age old mother or father also as the word mentioned His, not his or her.

Go through Old age study, Elder abuse 32% by Daughter, 44% by Daughter-in-law, totally 76% and only 24% by son , but still as per DomesticViolence law an age old parents can’t file any case against daughter or daughter-in-law .

So, legally Indian women is not liable or responsible for any support to their own child , own age old parents , not punished if they do any Domestic Violence in family , where as every men is legally liable to maintain not only wife, child, age old parents , even Live-in partner also.

There were some HC judgements were available, where court had observed like, educated healthy women can’t simply sit idle and seek maintenance, earning women can’t refuse to maintain own child, but none of them got any node from Government when amended of law proposed. 

Like the Crpc125 had gone through many amended, like remove the cap for interim maintenance from Rs. 500 to Rs. 1500 and then remove all together and made it unlimited.

The CRPC125 also made the amended the word “Lived in adultery” to “living in adultery” lead to massive increase of adultery in India as women know if they got Caught red handed in adultery then also husband can’t refuse maintain her , as husband have to prove , she is still living in adultery . Tell me which stupid will continue the same when got caught red handed?

Result the wife advocate just say one word , she may be lived in adultery , but no evidence still she is living in adultery , all effort of Husband gone in dustbin. Keep paying her till she alive in-spite her wrong doing you caught red handed and proved in court.

Laws Loaded Against Men

So, the bottom line in when an India women is neither responsible nor liable to maintain even own child, age old parents and forget about Husband.  One must wonder, then what responsibility assigned to Indian women as per law.

NGOs working for men had bring the same to notice of Government , National commission of Women , Media houses , when we all agree on principal of No Work No Pay , then why you advocate to pay money to wife, when she is not staying with her Husband , even well educated , healthy also ?

When you are not staying with your husband, you have full free time and you can definitely work than sitting idle at home and keep claim money from husband, but when law gives you such free lunch why she will even try to work?

Unfair law promotes unfair practice only. If our government and women organizations really want fair treatment to women, they must amend the CRPC 125 as under:

1.      The word wife to be replaced by Spouse.
2.      The word His to be replaced by his or her.
3.      Living in adultery to be replaced by the word “Lived or living” in adultery.

If the same not done forget about any gender equality in this country and stop cry foul and keep blaming why Indian Parents prefer a son than daughter more or men should change their mind set.

First change your own mindset and accept every right comes with responsibility, at least take some responsibility for own child and age own parents in the law book, time being forget about taking care Husband.

We wonder under which university or collage it had been taught that by making unfair law, bring fairness in society? We would love to visit such education institutes.

Many of Misandric-Male haters will came out with logic, today’s women already taking care of their child, parents and even husbands also, right?

If so, why not get the same approved and recognized in the LAW book itself, when law does not recognize your effort which you claim doing for so long?

We know our Politicians and women organizations will never dare to amend such unfair law, as they themselves also enjoy the benefit of No Work but get paid, so it’s up to Supreme Court to take suo-motto action and correct the laws in the right sprite of Indian Constitution article 21: Right to live and liberty than hiding under special abused provision of 15(3).

Must Read :

• Jobless not ground to denyMaintenance by Husband, but Jobless a Ground to claims Maintenance for wives?
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• Indian alimony laws: Anti-men?

Sacrifice, love and Care by Mother-in-Laws for Daughter-in-Law alwasy ignored

Yesterday night when I was reading some articles like: 

•  Trendy Pin curls : Old is Gold! Sport this classy vintage 80s look. 
• 10 SIMPLE WAYS TO MAKE YOUR HOUSE LOOK CLEANER EVERY DAY , 

Never thought the little moments to be lost soon for many boys/men with their mother's, who will be termed as mother-in-law as soon as they will get married in India.

A Mother to be loved will be shifted to most hatred category called Mother-in-law.

Recently a well known politician showed me a SMS send by her wife: “After marriage your priority is to care your wife and own child, but you prefer to take care your Selfish Mother. “

Unfortunately the politician’s mother is a widow and more than 75 years old. Now he had only one option to send her widow mother to old age home, no other option.

Some where I had read a comment, if a daughter-in-law had not been cruel and selfish; there had not been any Old age home today. Thanks to Law makers, our cruel, abusive, selfish Daughter-in-Law never get any punishment by our Domestic Violence law, but for mother-in-laws they even have to leave their own home and go to old age home. 

In the morning got two small news cutting, a women life had been saved by her mother-in-law by donating her own Kidney, when the women’s own mother refused to donate the same in last moment in operation Table. 

A little moments , which failed to make any attention to any front line media houses or any political party leaders or any social activists tweet.

Mother-in-Law donate Kidney

Bengali News : Mother-In-Law donate Kidney

Such news never became a main stream media head lines or any long debate ever happened in India. The sacrifice , love, care by Mother-in-laws provide for their Daughter-in-law always had been ignored.

Start form child care, households works, preparation for festivals the un-paid work done by our mother-in-laws always ignored. Thanks to our "Sas bhi kabhi bahu thi " type (Once mother-in-law also was daughter-in-law) serials along with a un-written agenda by media houses, which gives MIL the tag of selfish, cruel and abusive only by default.

The hatred against mother-in-laws spared in such a way , that we forget every year more than 15000 unmarried girls ending their life via suicide on their own mother home, as per NCRB data which is 3-times higher when you compared to per lack population of girls/women died in their mother-in-law home.

The girls burnt alive or murdered in their own Mother home also not less than when compared to number of women/girls death in mother-in-laws home per lack population comparisons.

Now, when come to abusive, cruel, selfish daughter-in-law none will able to say that there is no such women exist. Few years back we have witness how a Jaipur daughter-in-law keep ill treating was recorded by a social activist and the same was termed as “Abhaki Maa” (unfortunate mother) .

Various elder abuse reports also suggest more than 70% daughter-in-law abuses and do domestic violence against their age old mother-in-laws. 

But read the Indian Domestic Violence law, when a mother-in-law face any form of domestic violence from daughter-in-law, there is no provision for any relief, as the respondent to be “Male” only.

It reminds me my Grandmothers love and care she provided to me in my school days, if I today compared is priceless, which I may not able to return her any cost.

Many of today’s mother-in-laws , broken our Joint family, moving towards single parent’s father less society even by breaking nuclear family in the name of liberation of women, today at receiving hand ,  but today’s daughter-in-laws must remember Bhau bhi kabhi Sas Hogi ( A daughter-in-law also will became one day Mother-in-Law ) .

We had coined the word like “Mygonist” who spread or promote female hatred,“Misandric” who spread or promote male hatred, but wonder what name to be given such people who spared and promote hate towards mother-in-laws of India, by ignoring their love sacrifice and care towards all family members.

At the end would like to share on a positive note, few months back I was witness to meet very strong, bold female actors, who was in news for various time and faced multiple cases for her comment towards sexual liberation of girls/women, surprisingly living last 15 years in a Joint family and do not shy away to say her 2-children always prefer her mother-in-laws company than her. 

Photo by Mark : Husband Sister , Mother also women

 

Was Iswar Chandra Vidyasagar a spineless Mama's Boy?

Iswar Chandra Vidyasagar

After meeting more than 6500 people in SIF and more than 250 Feminist, my only advice to all women who want a happy married life and their Husbands as equal partner in their life is - never ever use the word "mama's boy  directly or indirectly to your Husband. The relationship between a Child and a mother in India is not made by any force or Law or by meeting on Facebook or at some pool party or by calculating the combination of beauty or brain. 

You may get some success temporally to detach your husband from his parents and made him a "Joru-Ka- Gulam" but you had given him so much pain that he may not express the same by crying in front of you but he had already termed you a Happiness Killer in his life and will definitely outburst one day and then no Law of the land or your funded campaign on TV/movie/society will able to save your relationship. More than 90% relationship become soared as Women directly or indirectly indicates their Husband as a Mama's Boy.

In our school days many of us might have read the story of Ishwar Chandra Vidyasagar who took the initiative in proposing and pushing the Widow Remarriage Act XV of 1856 (26 July) in India. 

But Vidaysagar was very fond of his mother and was very obedient of her. Once during his early education years, while he was staying and studying away from home, his mother asked him to come and visit her. When he arrived at the river bank, all the boatmen refused to cross the river because of an impending storm. Unable to persuade anyone as all the boatmen were afraid of the bad weather, he started swimming across the river. This anecdote of his life not only symbolizes his fearlessness and bravery but also his blind obedience to his mother whom he loved and revered very much.

Now in 21st century many bold women as well as many alpha men who claims to be icons of feminism and champions of women empowerment may term him as a "Mama's Boy "

Ramesh Singhinia 34, working in an MNC in Delhi as HR manager, had been continuously reminded to directly or indirectly that don't be a mama's boy by his self claimed bold/educated wife. Every effort had been made to detach him from his mother who lives in West Bengal along with her husband.

Mr. Singhinia had been termed as a spineless mama's boy when his wife wanted to wear a Bikini in a family function which was held in a Club. His mother advised his bold and educated wife not to do the same. Whatever love, care, gift, jewellery, cloths she had given to her daughter-in-law became immaterial and her such advice was termed as regressive and abusive. She was even termed as a criminal and dowry seeker under 498A.

Mr. Singhinia reached the Women cell, observed openly in front of DCP his 21st century bold educated wife demanding from him: "Your mum should not come to our home and you should not even keep any relation with your mother. It is too much to handle to your mother's all old fashioned advice/customs. Choose for yourself, you want your mother or me, your wife. If you can't detach yourself from your mother give me 75 lakhs by selling your home which is under joint name with your mother and I will agree for a divorce".

Mr. Singhinia refused to buckle under such blackmailing, result after one month 498A was registered and the case reached to a Delhi court. In front of the Judge the wife kept repeating the same demand. Surprised, even the Judge was silently observing the same without any reaction as recently Supreme Court of India told any absurd verbal allegations by Daughter-in-law against her mother-in-law first register the 498A FIR. Let the Trial court decide the allegations wrong or right, till then the mother have to live as a dowry seeker for next 10 to 12 years, but FIR should not be quashed on the ground of abuse the process of LAW.

Mr. Singhinia’s mother is not alone, many mothers had been already thrown out of their own house under DV act or living silently under the ill treatment by their daughters-in-law, but there is no law by which she can seek justice under present Domestic Violence act or 498A.

Now Mr. Singhinia joined SIF movement and decided to fight the case for Next 20 years in court, prefer to be a proud Mama's boy than a "Joru-Ka-Ghulam" and Mrs. Singhinia joined award winning Feminist group and nowadays teaching Indian men how to be a good life-partner like Savan Kumar who took his wife to London to see smile on her face.

Hope very soon the biography of Iswar Chandra Vidyasagar is also going to be out of our text book soon (the name and place had been changed to protect the victim's identity).