Thursday, 25 December 2014

#NewYearParty ? Avoid/Boycott Club/Pub who gives free entry 2Girls but not Boys




On the eve of Marry Christmas and Happy New Years, a caution to all, specially those who keep finding Club/Pubs where the Girls have Free Entry.
Avoid/Boycott Club/Pub who gives free entry 2Girls but not Boys, such Place dangerous for Boys; you may even termed #Rapist #Molester by #FakeCases
Inform to all your near and dear ones, as various Gangs are working how to trap men and boys on the eve of New Year Festive season and do extortion of money by trapping them in #Fakecases of Molestation or Rape.
There are 100 of places, where you can enjoy having fun and they respect you as customers irrespective of your gender like Boys vs. girls or Men vs. women.

As per New Law if a women can term any Men a 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.

Court concerned about misuse of new rape laws , the court said after the December 16 gang rape of a 23- year-old girl in a moving bus here, it lead to the creation of an atmosphere that "the mere statement of a lady that she has been raped came to be taken as gospel truth, the accused arrested and charge sheeted".

Even some women Judges of Court concerned about misuse ofnew rape laws . like Ms. Kamini Lau , found Complainant accused of being part of gang that files false rape cases.
Delhi court has expressed serious concerns regarding the misuse of the new laws to protect women from sexual harassment and has asked senior police officers to apply their minds before registering cases under the new provisions.



"There has to be some checklist and safeguards devised to prevent such an abuse of Special Legislation in favour of women," Additional Sessions Judge Kamini Lau observed in an order on 9 July granting bail to Narender Pal Kashyap, who has been accused of rape by a woman who is allegedly a member of a gang that has filed nine other similar cases.


"A detailed report with regard to other cases (as many as nine) has also been placed on record" Lau noted.
"There are serious concerns of this court regarding the manner in which repeated FIRs have been filed over the last two years, the majority of which relate to offences against women ... In case these repeated complaints/FIRs are on the basis of false grounds then the issue involved is relating to abuse of Special Laws relating to offences against women, which only dilutes the cause in genuine cases.

Kashyap was jailed last January, one day after an FIR was lodged against him. On 3 June 2014, Kashyap submitted a complaint to the Metropolitan Magistrate in Rohini alleging that the woman is a member of a gang that has filed 10 similar cases in the last two years.

"It is submitted that the aforesaid Ravinder Thakur is running an organised gang engaged in getting registered cases of rape or outraging of modesty of woman or attempt to kill or criminal intimidation etc. to serve the nefarious designs and purposes of his own and others," read the complaint. The complaint alleged that the gang had three female members and added that Thakur and Kashyap were involved in a property dispute.

The order noted that in the present case, a copy of the DNA report is on record, according to which "the profile generated from the exhibits of the prosecutor have been found to be dissimilar from the profile generated from the exhibits of the applicant/accused."


The unfair Law already made, there is no intention of Government to consider that #Fakecases is a Heinous Crime.

Any disputes between Women vs. Men, let the women is wrong still the men will be termed as #Molester or #Rapist till Proven Innocent.

Even after prove his innocence in Court , he will be always carry the trauma and a negative Character certificate for rest of the Life as a Potentional Rapist or Molester and many will prefer to keep safe distance to even give a Drive Job in their organizations.

So, are you ready to take that huge risk in your life on the eve of Festive Season?

Caution: Avoid/Boycott Club/Pub who gives free entry 2Girls but not Boys, such Place dangerous for Boys; you may even termed #Rapist #Molester by #FakeCases







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Friday, 28 November 2014

SERIOUS OBJECTIONS TO MARRIAGE LAW (AMENDMENT) BILL 2014.

SERIOUS OBJECTIONS TO INTRODUCTION OF MARRIAGE LAW (AMENDMENT) BILL 2014.

Click Here to Know proposed 13C/D/E/F of the Bill. Main objection to Proposed “Marriage(Amended) Bill 

With this Press Release, we members of Save Family Foundation hereby want to register very serious and strong objection to the process followed for the introduction of Marriage Law (Amendment) Bill. We have learnt from the latest news reports and from our calls to the Legislative Department of Law Ministry, and by meeting the Hon’ble Law Minster Sri. D.VSadananda Gowda that the Government is about to Introduce a new Law, Marriage Law (Amendment) Bill in this Winter Session. The draft bill is to change Hindu Marriage Act, 1955 and Special Marriages Act.

Photo By Mark : Stop treat Men as Free ATM in the Name of Alimony



With this Press Release, we also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per Pre-Legislative Consultation Policy (PLCP), decided on 10th January 2014, it was decided, that  “The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.”

We bring to your attention to this Notification dated 5th February 2014, D.O. No. 11 (35)/2013-L.I., which mandates the ministry to Publish the Draft Legislation in Public Domain for ATLEAST 30 days and in fact notify the affected people. Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.

We also wish to submit to you that the Draft which saw widespread Public concern/panic, cannot be pushed again without having passed the Constitutional Procedures laid down in our Democracy.This is the same Draft bill which never saw the light at the end of the tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men.The Bill was opposed by various segments of society and even ministries and got International-wide attention on India for proposing such a draconian law.

In spite of all the above, it is really SHOCKING and heart-breaking that the New Visionary Government, under a dynamic leadership who pledged “SABKA SAATH SABKA VIKAS” has not taken the TRANSPARENT route and is behaving same as the previous Congress led UPA Government now.

GRAVE FAR REACHING SOCIAL AND ECONOMICIMPLICATIONS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:

  1. 1. LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA
  • Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far reaching consequence. With divorce no more being a taboo in India, the incentive of women taking divorce would work as reverse DOWRY menace where women would marry for property and not for family or love.
  • China in 2010 amended a similar property annexing law when it found that it being misused extensively by women to grab property through marriages. With misuse of gender laws in India close to an all-time high, this is not the climate to introduce another dangerously draconian legislation. [1]

  1. 2. SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABALE
  • Assets/Properties are acquired after years of hard work and not because of few years of matrimonial life. Losing hard earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.
  • The Battle of Mahabharata was fought for five villages. With the proposed amendments the home of every Husband’s family is going to be in trouble. This Bill if passed in its current form may result in the very person sought to be benefitted/ protected becoming a victim of violence for protecting property as there is hardly any faith in the biased legal system. Will the BJP be willing to take full responsibility for this dangerous social disruption?

  1. 3. INDIAN ECONOMY WOULD BE ADVERSELY IMPACTED & INDIA WILL NOT BE perceived as safe destination for FDI
  • When the society is in unrest and family values are broken, the dream of “Make in India” would go for a toss. Economies like Vietnam, Thailand, Philippines, Pakistan, Sri Lanka, Fijiwould grow and India would lose the unique opportunity it has to lure the world for “Make in India”.
  • Indian men in fear of possible loss would stop buying properties and it would have adverse consequences to the nation’s economy.
  • People would start accumulating wealth in alternate form like gold etc., which would result in a dull economy that believes in secure accumulation than investment for growth.
  • With wealth and real estate not safe in India, Indian Men would surely think of investing in other countries the Black Money would be created and kept in secret. Today also in USA if a person shows $100K worth of investment to be made he is granted Green Card in no time. This way there is a brain drain and wealth drain as well.

  1. 4. MASS CONVERSION FROM HINDU TO OTHER RELIGIONS
  • Hindu men would want to convert to another religion to minimize their risks in matrimonial life. This mass conversion has its own extremely dire social complications.
  • Hindu Men would stop marrying or do SAGOTRA VIVAH to keep the property in the gamily. This would itself create many honor killings and people taking law in their hands.

  1. 5. INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS
  • It is an established trend and confirmed by Apex court that, in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool and further distress families.
  • India has the youngest of the average population. There is a unique combination of youth and skills in this age group. Most of the relationship/marriage/family troubles occur in this age group. If this age group is not ina stable family and relationship state the productivity of INDIA would go down drastically when most are deeply immersed in litigation battles.

FLAWS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:
  1. The Bill, out-rightly violates the essence of Article 15 of Indian Constitutionwhichprohibits discrimination against any citizen on the grounds of religion or gender.  The Bill is also  unconstitutional as it takes away the basic rights of husbands, even to defend him or save his marriage, whereas the very same Bill gives the same rights only to the wives.
  2. Internationally in similar law, property consideration in deciding permanent alimony is purely done on equitable financial contribution to property and duration of marriage and also based on conduct of both the parties. In present bill the contribution, duration, assets and ability of female spouse and liabilities and ability of the male spouse is completely ignored.
  3. It completely ignores that a wife gets her share of inherited property from her parents under the latest Hindu Succession Acts. Blindly entitling wife for share in property at the divorce time under this no-fault divorce law is against social justice and completely not gender neutral. All men are assumed to be rich and wife is assumed to be poor which is clearly not true.
  4. Even though a marriage can fail due to the fault of the husband or the wife, the bill essentially extends the “Financial Assistance” clause only to the wife and not to the husband and this is patently anti male.
  5. When husbands are the petitioner for a divorce, the wife will be allowed to use the ‘Financial Hardship’ condition to block the divorce till her monetary demands are met, thereby legalizing extortion.
  6. When a wife is the petitioner for a divorce, even though the husband may be in a “Financial Hardship” he will have no legal provision to claim monetary assistance from the wife or even to save his marriage.
  7. This Bill would be widely misused against the husband who will be forced to “pay and buy” a divorce, reducing the institution of marriage into “Glorified Prostitution”.
  8. Government’s intention of reducing back-log of matrimonial cases would not come through with this amendment, instead of letting the couple to arrive at a mutual consent it would only pressurize men and would get into an endless court battle in higher courts and would further increase.
  9. Government’s logic of ending the financial hardship of a divorced wife is completely flawed as even as per government 70% of Indian population needs Food Security let alone have a house or property. In other 30% only 10% own their own homes and in those only a small percentage is Hindu that falls under this amendment. This bill is not going to bring a social change or security in any way when seen holistically.
OVERHAUL OF THE FAMILYLAWS IN INDIA IS NEEDED INSTEAD:
  1. Hindu Marriage Act is conceived as an overall a gender neutral act and it must not me made gender biased in anyway.
  2. The maintenance and alimony sections (HMA 24 and 25) must be brought up-to-date considering the enhanced education, earning capacity and women friendly work atmosphere in the country.
  3. As women can and does inherit the property from her own parents under the present laws, women being given any direct or indirect share in in-laws property is illogical and against natural justice.
  4. Consideration of any property while determining Alimony should be as per the financial contribution by husband and wife.
  5. In case of non-financial contribution, devise a formula to evaluate minimum duration of marriage for applicability of property division as well as devise a formula to evaluate the contribution.
  6. Pre-Nuptial Agreements should be made legal so as not to make marriage a gamble for Indian citizen and containing the risk of (breakage of) a marriage.

ALTERNATES FOR ENSURING FINANCIAL ASSITANCE & EMPOWERMENT FOR DIVORCED SPOUSE:

Marriage is an institution which if it does not work should not be a punishment for one party (husband) and a reward for another (wife). To empower women in true form, work opportunity should be provided by the state for a woman who faces grave financial hardships; adequate measures should be devised to address it, instead of penalizing husband alone.

We recommend the following measures to be strictly implemented:
  • Hindu Marriage Succession Act of 2005 be strictly implemented. The woman’s share in her parent’s property should be SuoMoto given to her either at the time of marriage or at the time of Divorce is filed in the court (by either party) if the party wishes.
  • In cases of unemployed women or women with long career break, State should take the responsibility of providing employment and livelihood to divorced wife, Employment for Divorced wife in line of Mahatma Gandhi NREGA must be institutionalized. A Divorced Wife Welfare Fund may also be created for financial support to them in line of the Food Security Bill.
OUR DEMANDS:
  1. By attempting to create draconian marriage breaking laws like Marriage Law Amendment Bill on one hand and to legalize prostitution on another, the government has made its intentions very clear on what its wants to do with the sacred Hindu Family.  This bill needs to be immediately stopped and public opinion must be sought through an extensive public debate.
  2. Issue the Draft for Public Opinion and responses on the Draft Bill.
  3. Involve stake holders of similar stature in drafting procedure i.e., if there are no Men’s Rights Authority (like National Commission of Men) who are part of drafting then even Ministry of Women and Child Development and National Commission of Women MUST not be allowed to participate in this procedure.
  4. Initiate the process of formation of National Commission of Men involving bodies who have been working for Men for years to bring the equitable balance back into the society in terms of Laws and Law Making process.
  5. Initiate a Parliamentary Committee (Joint Select Committee) procedure to relook at the Draft and see if there is a need of such a law and if it is as per the guidelines of Hon’ble Supreme Court or being formed under pressure of some interested parties.
  6. Amending section 13D and making it gender neutral and allowing both the Husband and Wife to pray for ‘Financial Hardship’.
  7. Providing a clear & objective definition of “Financial Hardship’ so that this term is not interpreted in a wrong way and divorces are not sold by wives. All other maintenance cases filed by the wife, like Sec24, CrPC 125, DV etc, should not be allowed to continue, blocking the judicial dockets, as the relief sought in all of them, will also be available in this Bill only.
  8. Creating objective parameters for calculating financial assistance like tenure of the marriage and relative sacrifice made by the parties in the marriage.
  9. Reduce separation period from 3 years to 1 year under Section 13C – petition for divorce only after 1 year of marriage.
10.  Include condition of finishing/quashing all litigation before divorce is granted so that both parties can live peacefully and that judicial burden can be reduced.
11.  Condition of closing child custody litigation before granting divorce under Section 13C, so that rights of child to seek the involvement of both parents are not taken away from it.

Sir, we earnestly request your immediate intervention since such half-baked hastily prepared formulations, sans due consultation, & based on unfounded prejudices, have the potential to grievously imperil the social fabric of the society. This is apart from the stupendous economic impact caused by the matrimonial disputes and their offshoots including criminal cases. It is well acknowledged that Indian laws, i.e. the legal framework that enables a society to believe in justice and devote its energies to productive endeavors, has not kept pace with the times, is badly outdated and is designed more to benefit the legal fraternity than the litigating parties, howsoever pitiable and needy they may be. Strife and discord can only harm a society’s march towards improved quality of life. You have enthused the nation by giving it a vision, courage to dream big and faith in its ability to achieve the same but all this would necessarily require a healthy society where the mind is fearless. We request you to take decisions that have far reaching consequences after due thought and consideration.

Looking forward to your kind help and support and immediate action as per the Prayer .


[1]http://www.telegraph.co.uk/news/worldnews/asia/china/8714097/China-tries-to-stop-women-marrying-for-money-rather-than-love.html
Click Here to Know why China SC scraped such LAW.



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Friday, 18 July 2014

Husband Burnt Alive in India Not termed #DowryDeath

#HusbandBurntAlive by Indian Wife in Bangalore !


Crime does not have any Gender , which every one know , but due to biased media and radical women organisations any crime done by wife and their family members against Husband or Husband family never termed as Heinous crime in India.

Wife and their family members openly demand separate home, Car, expensive Diamond/Gold Jewelry in wife name from Husband and from their family members , but we never termed the same as Dowry or any crime in India.

Any wife suicide with in 7 years of marriage for any reason the same termed as Dowry death in India and all blame not only to Husband, his mother/sisters also send behind the bar without any investigation , but when a married men suicide , the same not termed as Dowry death or wife is responsible.

From the crime Bure report we had witness the Husband suicide per year more than 64000 compared to wife suicide 34000 and every year the gap is increasing , but still we failed to amend the law to Spouse instead of wife .

Now come to Bride Burning Issue. Any women die in Burn injury , let it be accident or other cause also , but  no one is going to believe any think the Husband and their family put behind the bar. We had witness the cases where due to accident the fire in home and Husband tried his best to save his wife , but still the Husband convected even by SC under so called Dowry death.

Now do you know how many Husbands Burnt alive in India every year ? No , you will not know as media never make it a breaking news or there is no sensitive man who can think it is also a crime in India.

As per NCRB data every year more than 3300 men had been died burnt alive , but the same never get reported as in 304B only if wife die a case can be registered , if wife kill husband burnt alive the same never termed as Dowry death.

But due to rent-less effort by all SIF vol-enters now some small papers Journalist started to report some news where Husband Burnt alive by wife. But we will be wonder still how much time will take to wake up to our big News Journalist and Men of India to Stop such Barbaric crime by wife and their family towards Husbands family and make the law gender Neutral by replace the word Husband/wife to Spouse.

Groom Burning in India : 


In Jaipur a Husband burnt alive and the Husband's Father running from pillar to Post to even register the FIR , forget about any arrest of wife.




Another Great wife Burnt his Husband as he was Dark , witness hear.


In UP another Husband burnt alive by wife , but it takes only a small News in Local Paper Only.



We do not know till how many years we will take to recognized that crime does not have any Gender and LAW should be Gender Neutral. Media Houses Keep ignoring such barbaric act done by Wife & thier family , result more and more Husband ending their life every year the same increasing by rocket speed.

Now the harassment of Husband's other family does not stop on Husband's death. All this Husband Killers wife and their family members are now demanding the share in Property from Husbands Family and for that cases like 498A , Domestic Violence Act filed against many dead Husband's Parents, brother , Sisters.

In SIF we witness such harassment every day , Husband Suicide, Husband cut in pics , Husband burnt Alive but alas , the insensitive Indian Men , Media House along with LAW makers prefer to sleep in dip silence and suppress such suffering every day.


So , if you have a slight Humanity left in your heart wake up and #StopAbuseMen with #FakeCases and Stop #CrimeAgainstMen also by replacing the LAW Husband/wife word to Spouse.




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


Husband Burnt Alive News: 







Attachments area











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Tuesday, 15 July 2014

Stop Abuse of Boys from WCD's malicious proposal


Crime done by Child is not UN-common , but after all consideration , UN had made rule instead of punish them like adult , such child to be reformed as their development of Brain is still under construction. Many child get abused , ill treated , forced to Child labor , their child hood had been taken away by our society , we failed to provide a basic home to many home less child . 
Cores of Fund , shelter home provided under WCD , but the same never taken seriously that if a Child had done any crime , means it is our society failed to reform him or able to provide the necessary education to them and such child instead of punishment to be send to reform home or school and bring them in flow of Normal society .

Photo by Mark : Stop de-humanizing Men or Boys for their Gender


Now for well fare of child in India also have a ministry , but it is clubbed with Women and termed as WCD ( Women and child department).
We had witness several time , WCD failed to do the real welfare of child and now the most in-human act they are doing is abuse the boys by various fake cases.

A 40 year old women and 17 year old boy have some physical relation , the whole world term the women as rapist and send her to jail, but in India , it is the Boy termed as rapist , which WCD failed to understand. 


Save Family Foundation and their associated organizations had cautioned about the loop hole in anti-rape law, where the consented relationship had been converted to rape cases and increased the rape statistic in police record. At a time when various court asked:  “Tougher rape law leading to increase in false cases?”
When Gujarat CM termed the poor uneducated boys as Rejected mall , as a WCD minister she had preferred to keep her silence , proved beyond reasonable dought, she had no concern for child in the form of boys in this country and totally doing injustice to lacks of Homeless Child's of India.
Unfortunately the same facts and figures could not get into public and before that came another burning issue pertaining to Juvenile crime.
Minister for Women and Child Development Maneka Gandhi advocating treating juveniles accused of heinous crimes like rape on par with adult offenders.
She said according to the police, 50 per cent of all sexual crimes were committed by "16-year-olds who know the Juvenile Justice Act so they can do it." But now for premeditated murder, rape, if we bring them into the purview of the adult world, then it will scare them.
We have already filed so many objections stating the facts and figures of gross misuse and utter neglect of the WCD ministry in addressing them. However, when it has become eminent to the world that that the sections of law which were formulated for the protection of women have been grossly misused, the WCD has got no options to turmoil the brains of society addressing with new agenda and in short “ABUSE OF BOYS”.

WCD minister came out with a proposal by citing a totally malicious, unclean hand, hiding the real fact of statistics without applying any fair thought, behind such statistics. Does WCD unaware that any consented relationship with a girl’s vs Boys aged below 18 years , by default the boy had termed as rapist and the same added in rape cases statistics ?
We would bring to notice of WCD : When any girl or women have any physical relationship with a boy aged less than 18years, do you term the same as rape?
If the answer is no, then why a Boy had been termed as rapist by you, when he had any physical relationship with any girl aged less than 18 years?
WCD citing the report of Police that more than 40 % cases boys are involved, without any court order, how can she term all cases as true? Why she ignored the same police report when it had says more than 90% cases are mutual consent only, which latter converted to rape?

Instead of dealing with the figures of misuse and work on it, they are preparing another platform of misuse. This can be clarified with the simple example.
A boy and a girl fall in love in a co-ed school. They had some intimate sharing with the consent of each other.  Later the girl’s parents file a rape case on the boy. This innocent who has no count of IPC and CrPC is rigorously punished. Is it justified? Even when the police figures clarify the same as 90% of cases of juvenile rape are actually a consented sex, Maneka Gandhi is hurried to get Juvenile law amended.
So, the formula used by all radical groups along with WCD, first create a loop-sided Rape LAW by which massive false/fabricated cases can be filed to increase the statistics crime against women and then again demand to amend further law saying crime is increasing, crime is increasing.
The cycle continues and the crime against women never gets reduced and their demand/funds never get stopped.
We have severe objections and lay it down as below:
  • If Juvenile Law can be changed, change age for passport, driving license and bank account, etc. If a child can be termed as adult, as he has committed a crime which he doesn’t know, then in general a juvenile can be termed adult for all these.
  • If juvenile can be termed adult, why shall he not given voting rights at early age.
  • Age for consensual sex, drinking, etc to be reduced.
  • Age for marriage and conceiving is to be reduced as the juvenile is matured enough.
  • There have been numerous cases where boys have been used as a toy for pleasure by some nymphomaniac, however no such protection of child exists. Such acts should also be considered heinous and such women termed rapist.
  • WCD ministry has failed to curb the menace of child labor which has risen by 6% in a year for boys and is at its Apex, but is ready to turn a juvenile an adult bypassing all the biology doctors’ study for years. This clearly indicates their soiled intentions and unclean hands towards ABUSE OF BOYS.
  • Before implementing the amendment, it must be ensured that juveniles know all the 511 sections of IPC and 484 sections of CrPC, which Meneka Gandhi assumes that a juvenile has knowledge before committing such a heinous crime.
With all the above, it is quite eminent that the WCD ministry is not capable of handling child issues in a gender balanced thought process and thus the Women and Child Development shall break into two different entities.
The Supreme Court and various high courts have often stressed on the need to check the rampant misuse of such gender biased laws, basis this Maneka Gandhi has come up with new solutions of breaking families and promoting misuse and targeting boys only with hiding the real fact to hide their own failure to provide a safe, healthy education to poor Childs.
In a country the Child labor is banned, but every year 6% increase of boys in child labour, but WCD had not taken any corrective action, on the other hand the Sex between girls vs Boys below 18 years not banned, but WCD want to term boys rapist for a consented sex also.

Save Family Foundation, along with all their associated NGO all over India, once again demand to Prime minister to immediately stop such malicious act by WCD by separating the Child ministry from present set up as they had no concern for poor, uneducated boys or we should be ready to pay a heavy price as such step will increase only heinous crime in society, as we witness earlier also.



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Wednesday, 9 July 2014

SC:No abuse of arrests under anti-dowry law, time to make 498A bailable


The Committee fears that failure to do so might leave no option except to dilute the law by making the same non-cognizable and bailable. In this context, the Committee recommends certain additional measures as contained in the succeeding paragraphs.




No Dowry arrests till magistrate's nod: SC , why such order made ? Look at the Graph , one hand the arrest of people is increasing in 498a , but after long trail Court found more than 85% people are not guilty. 


From the supreme court July,2014 judgment , it had proved beyond reasonable dought the government and police had failed to check the misuse of 498a and so the time had came to make the same bailable , demand Save Family Foundation and their associated organizations , as from the past experience , we witness such Judgments never followed by Police or by Government.
If we go through the NCRB data of 2013 recently released , the arrest had further incresed from 1.97L to 2.2 L , where as it was expected the same will be reduced as per new provision of CRPC41.

This is the 5th time Supreme Court had highlighted the need of stop the misuse of Dowry law like #IPC498a , but Government or Police had never taken any corrective actions.
In the last Parliament committee report by Rajya Sabah , it was clearly mentioned if the misuse of 498A does not reduced they have no option but to make it bailable.
NEW DELHI: The Supreme Court on Wednesday said women were increasingly using the anti-dowry law to harass in-laws and restrained police from mechanically arresting the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code.
Citing very low conviction rate in such cases, it directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code".
Section 41 lays down a 9-point check list police to weigh the need to arrest after examining the conduct of the accused, including possibility of his absconding.
Expressing exasperation over rampant misuse of Section 498A, a bench of Justices C K Prasad and P C Ghose said if police arrested the accused, the magistrate should weigh the preliminary evidence against the Section 41 checklist before allowing further detention.
"The magistrate, while authorising detention of the accused shall peruse the report furnished by the police officer in terms of Section 41 and only after recording its satisfaction, the magistrate will authorize detention," the bench said.
It also said that this check-list for arrest and detention would apply to all offences, which are punished with a prison term less than 7 years. Punishment under Section 498A is a maximum of three years but it had been made a cognizable and non-bailable offence, which made grant of bail to the accused a rarity in courts.
But the court singled out the dowry harassment cases as the most abused and misused provision, though the legislature had enacted it with the laudable object to prevent harassment of women in matrimonial homes.

Writing the judgment for the bench, Justice Prasad said there had been a phenomenal increase in dowry harassment cases in India in the last few years. "The fact that Section 498A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives," he said.
"The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested," he said.
The bench quoted "Crime in India 2012 Statistics" published by National Crime Records Bureau to say that nearly 2 lakh people were arrested in India in 2012 under Section 498-A, which was 9.4% more than in 2011.
"Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that others and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt," it said.
"The rate of charge-sheeting in cases under Section 498A is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal," the bench said illustrating the misuse of Section 498A as a tool to harass husband and his relatives.
Describing arrest as a humiliating experience apart from curtailing the freedom, the bench said police have not shed their colonial hangover despite six decades of independence and were still considered "as a tool of harassment, oppression, and surely not considered a friend of public".
The need for caution in exercising the drastic power of arrest had been emphasized time and again by courts but has not yielded results, the court said and tasked the magistrates to check illegal arrests.
CRIMINAL APPEAL NO. 1277 OF 2014
date of order: 2 July 2014
LANDMARK JUDGEMENT OF J. CHANDRAMOULI KR. PRASAD ISSUED TODAY
DIRECTION TO POLICE....DON'T JUMP AND ARREST AT DROP OF A HAT....SERVE NOTICE UNDER 41A
Our endeavour in this judgment is to ensure that police  officers do not arrest accused unnecessarily and Magistrate do not authorize detention  casually and mechanically. In order to ensure what we have observed above, we give the following direction:

 (1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves
 about the necessity for arrest under the parameters laid down above flowing from  Section 41, Cr.PC;
(2) All police officers be provided with a check list containing specified sub-clauses
 under Section 41(1)(b)(ii);
(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
(4) The Magistrate while authorising detention of the accused shall peruse the report
 furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention;
(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused  within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

We direct that a copy of this judgment be forwarded to the Chief Secretaries as also the Director Generals of Police of all the State Governments and the Union Territories and the Registrar General of all the High Courts for onward transmission and ensuring its compliance.


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