Supreme Court on 498 A

1. Supreme Court on 498 A Sushil Kumar Sharma Vs Union of India and Ors (Writ Petition (civil) 141 of 2005) “The object of the provision is prevention of the dowry meance. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bonafide and have filed with obligue motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassins‘ weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears.” Why hasn’t Government acted to prevent misuse even when Supreme Court asked them to ? Stop Legal Terrorism and Save your Life

2. Supreme Court of India Term “Legal Terrorism” • The Supreme Court with a Bench comprising Justices Arijit Pasayat and H K Sema has agreed with petitioner Sushil Kumar Sharma that Section 498A of Indian Penal Code, which seeks to protect women from being harassed for dowry, was being misused through frivolous cases filed by women to trouble their in-laws. • By misuse of the provision a new “Legal Terrorism” can be unleashed, says Bench Merely because the provision is declared constitutional, it does not give license to unscrupulous persons to wreak personal vendetta. • Justices Arijit Pasayat and H K Sema added a word of caution, saying, "Merely because the provision is constitutional, it does not give a license to unscrupulous persons to wreck personal vendetta or unleash harassment." • The judges called upon the legislature to refine the Section and "find out ways how frivolous complaints or allegations can be appropriately dealt with". • But till date our Government /legislature have not shown any concern to stop this “Legal Terrorism” is best Known to them. Stop Legal Terrorism and Save your Life

3. Supreme Court of India Term “Legal Terrorism” • "In such cases acquittal of the accused does not wipe out the ignominy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery". Merely because the provision was declared constitutional and intra vires, it did not give license to unscrupulous persons to wreak personal vendetta or unleash harassment, the judges said. • "The object is to strike at the root of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not an assassin's weapon. If [the] cry of "wolf" is made too often as a prank, assistance and protection may not be available when the actual wolf appears", the Bench said. • The investigating agencies could not follow a straitjacket formula in matters of dowry torture, deaths and cruelty. • "The role of the investigating agencies and courts is that of a watchdog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations," the Bench said. Stop Legal Terrorism and Save your Life

4. Who Are We …Victims of Legal Terrorism in India • We are working professionals( IIT/IIM/Engineer/Doctors/MBA/IT Engineers/Media Journalist/Judge/Police all except Politicians) and are were working for family harmony. • We want Domestic Harmony Act , but Government refuse the same. • We want gender Equal Law , men/women to be replace by the word Person and Wife/Husband to be replace by Spouse in all Indian IPC Law. • Till Date no Politicians/Ministers had been arrested in 498A or DV act case, but common people arrested without any investigation and more than 98% face the money extortion the way a Terrorist do with Common people. • When ever any Politician of Ministers accused of 498A or DV act, even women ministers also come out openly to give him Clean Chit. • Why different law for Politicians/Ministers in India? Stop Legal Terrorism and Save your Life

5. United Nations Report on Elder Abuse In India Stop Legal Terrorism and Save your Life

6. NRI Journalist Kulbhushan stated …. • NRI Journalist Kulbhushan stated • "Filing a non-bailable dowry case under IPC 498A is easier than ordering a meal. But while a restaurant can refuse service, the police normally arrest the groom and the in-laws. While the Indian media is flooded with reports of dowry-related bride torture, it hardly mentions the horrific cases of suffering husbands at the hands of unscrupulous wives." Stop Legal Terrorism and Save your Life

7. Warning from the US State Dept stated …. • http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html • CRIMINAL PENALTIES:  While in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law.  Persons violating Indian laws, even unknowingly, may be expelled, arrested or imprisoned. • Furthermore, since the police may arrest anyone who isaccused of committing a crime (even if the allegation is frivolous innature), the Indian criminal justice system is often used to escalatepersonal disagreements into criminal charges. This practice has beenincreasingly exploited by dissatisfied business partners, contractors,estranged spouses, or other persons with whom the U.S. citizen has adisagreement, occasionally resulting in the jailing of U.S. citizenspending resolution of their disputes. Stop Legal Terrorism and Save your Life

8. Even Some Indian Views Are Same…. Stop Legal Terrorism and Save your Life

9. Even Some Indian Views Are Same…. • Kiran Bedi says: "Laws had been provided for the welfare of women. The police need not assist those who misuse or abuse the law meant for the protection of women." Stop Legal Terrorism and Save your Life

10. Even Some Indian Views Are Same…. • Men are being Harassed , says women panel : Times of India front Page News • (Publication:Times Of India Delhi; Date:Sep 19, 2007) • There are dozens of cases of husbands and in-laws getting thrown into the slammer on the basis of mere accusations of torture for dowry and a complaint under Section 498A of the IPC, according to Orissa’s State Commission for Women. ‘‘This is only the tip of the iceberg. The number of such atrocities against men by women is rising in Orissa. Since May 2007, the Commission has registered 38 such cases,’’ chairperson Namita Panda said. Stop Legal Terrorism and Save your Life

11. Even Some Indian Views Are Same…. • Justice J D Kapoor Says: • ‘‘There is a growing tendency among women, which is further perpetuated by their parents and relatives, to rope in each and every relative, including minors and even school going children of distant relatives.’’ Stop Legal Terrorism and Save your Life

12. Even Some Indian Views Are Same…. • Kolkatta High Court Justice S.P. Talukdar said • the “dangerous” practice of misusing Section 498A of the Indian Penal Code (cruelty on housewives by husbands and in-laws) should be immediately stopped. Stop Legal Terrorism and Save your Life

13. Even Some Indian Views Are Same…. Stop Legal Terrorism and Save your Life

14. 498A Misuse

15. Total Statistics of 498A Cases • These are statistics Published in CNN-IBN News and were obtained from the home ministry for 2005. “According to data provided by Ministry of Home Affairs, there were 58,319 registered cases and 134,757 people underwent arrest under 498A and Dowry Prohibition Act. • That is on average 2.3 people were arrested in every complaint by Wife , let it be false or true. • 339 children Arrested. • 4,512 senior citizens arrested-( 1,434 are age old women.) • 27, 145 Women Arrested. • The number acquitted (24127) were more than four times the number convicted (5739). • Out of 129,655 people, approximately 18 per cent (23,337) were not even charge sheeted , but arrested and hence suffered only because these acts are non-bailable”. • Rest more than 90% cases , it is the wives family done the Legal extortion of money from Husbands family start from Lacks to Cores. • A Criminal Law for earring the money or Giving the punishment to Criminal? Stop Legal Terrorism and Save your Life

16. Violation of Supreme Court Judgment by Police • This is what former Chief Justice Of India, M.N. Venkatachalliah says (JOGINDER KUMAR Vs. STATE OF U.P.25/04/1994) in this landmark judgment that defined the powers of the police to arrest a person. This judgment is especially applicable in the case of a cognizable offence such as 498A: • “No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person cause incalculable harm to the reputation and self –esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter.” • The Unanswered Question : Then why in all the 498A cases the accused had been arrested by Police even Child and Women forget about men? Stop Legal Terrorism and Save your Life

17. Violation of High Court Judgment by Police • Justice JD Kapoor, in this judgment (Delhi High Court CRLMM 3875/2003 28.01.2004 Court on its own motion Versus Central Bureau of Investigation), says: • “For instance it is the experience of this court that in offences under Sections 498A/406 IPC which are much abused provisions and exploited by the police and the victims to the level of absurdity and are of such nature which can be investigated without arrest and do not fall under the aforesaid category viz. being of highest magnitude and prescribing severest punishment or minimum punishment, every relative of husband, close or distant, old or minor is arrested by the police. By arresting such relatives whose arrest may not be necessary for completing the investigation as it can be completed by other witnesses, police assumes the role of breaker of homes and not the maker as once any relative of he husband is sent to jail, the marriage ends for all practical purposes and divorce and other miseries are bound to follow. Unless the allegations are of very serious nature and highest magnitude arrest should always be avoided.” • Reward Given the Judge: So called Women activist Broken the Judges Chair and Chief Justice of India till date failed to Punish those Criminals and still they are moving Freely in our Society. When Chief Justice can’t even save guard the Judges Chair , how they will Protect the Common People’s Save guard? Stop Legal Terrorism and Save your Life

18. Why Bail refused on failure to agree the Money demand ( 498A/406 Cases) • The Supreme Court also said that (Moti Ram and Others v State of M.P. (AIR 1978 SC 1594)): • “Fixing an excessively high amount of bond, keeping in consideration the facts and circumstances of the case and economic condition of the accused, violates the constitutional norms.” • Still, at the time of Bail in 498A/406 cases , the wives family openly demand the Huge money from Husband's family in front of Judges in Lacks and on failure of the same bail application had been rejected. • The Simple argument we witness ,Pay the money to get the bail or go to Jail. !!! • Is this not Legal Extortions of Money and Violation of Article 21? Stop Legal Terrorism and Save your Life

19. Supreme Court Snap “Domestic Violence Act” • This judgment of the Supreme Court (Batra Vs Batra. Mar 2007) the Domestic Violence Act : • No doubt, the definition of 'shared household' in Section 2(s) of the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society. • It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband's father, husband's paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc. If the interpretation canvassed by the learned Counsel for the respondent is accepted, all these houses of the husband's relatives will be shared households and the wife can well insist in living in the all these houses of her husband's relatives merely because she had stayed with her husband for some time in those houses in the past. Such a view would lead to chaos and would be absurd . Stop Legal Terrorism and Save your Life

20. Supreme Court Snap “Domestic Violence Act” • If our LAW makers do not have honesty, good intention and knowledge to make a Law, why they do not review the same by Retired Supreme Court Judges? • Why there is no Judges kept in the LAW Review Committee? • If we go through the definition of “Domestic Violence” as described in the Act: like Verbal Abuse, Economical Abuse, Mental harassment , sexual harassment etc.not only women, more than 98% Indian Husbands also face the same at least once in 3 years of a relationship , study by Save Indian Family and My nation. • Then why the “Domestic Violence Act” is not Equal for both Men and Women , like all other developed Country? Stop Legal Terrorism and Save your Life

21. Women-protection laws or “Legal Terrorism”? There are no laws to protect men from domestic abuse and marital cruelty Women-protection laws unfairly assume: • victims of marital cruelty are always 498A type wives • Wives are always honest victims, never lie • the accused Husband and his family are assumed guilty until proven innocent…. IPC 498A/DV act and other women-protection laws are being blatantly misused to extrote the Money from Husbands Family as a FREE ATM Machine in front of Court, Police and even in public Media. Stop Legal Terrorism and Save your Life

22. And The Male Suicide Rate is Raising…. Male suicide rate Rising since 1996 at rapid Speed. Stop Legal Terrorism and Save your Life

23. And The Male Suicide Rate is Raising…. Male suicide rate Rising since 1996 at rapid Speed. Stop Legal Terrorism and Save your Life

24. And The Male Suicide Rate is Raising…. Male suicide rate Rising since 1996 at rapid Speed. Stop Legal Terrorism and Save your Life

25. And The Male Suicide Rate is Raising…. Male suicide rate Rising since 1996 at rapid Speed. Stop Legal Terrorism and Save your Life

26. Men Are Dying Faster Than Women…. Stop Legal Terrorism and Save your Life

27. And The Male Suicide Rate is Raising…. Overall male-female ratio is 73:27. Male suicide rate rising since 1996. Stop Legal Terrorism and Save your Life

28. Introduction to Modern Indian Women( 498A type) • She wants all your property in her name. Her father and brothers won’t give it to her, so she will take it from you. • Wants all your salary and income in her account. Her father and brothers never used to give her enough money for her expenses. • Wants you to throw your parents out of your home immediately after marriage. You better do it or she has a law to support her in throwing you and your parents out or they will land up in Jail. • Anything you say to her is a torture to her. She can slap you, beat you , Cheat you , kill you , kill your child and there is no law for your to safeguard yourself, forget about your child, from this domestic violence. Stop Legal Terrorism and Save your Life

29. Why You Should Not Marry A 498A Indian Women • The Indian Wives have a desire to own all your assets/property and monies – which might be owned or shared by your other family members. • To get the above desire fulfilled she keeps nagging, harassing and taunting you. • Kills the family harmony. • Even the draconian laws support her in her motive. • Even if you want to get out of a marriage, she won’t let you, You will Be treated as free ATM Machine. • Indian laws do not allow a men to get divorce. It depends on the mercy of wife. • All above lead to a stressful life for husbands and they are not able to live peacefully – leading to increased cases of suicides( In 2005 more than 52000 married men end their life). Stop Legal Terrorism and Save your Life

30. Why You Should Not Marry A 498A Indian Women Stop Legal Terrorism and Save your Life

31. Married Men Are Dying Even Faster…. Stop Legal Terrorism and Save your Life

32. Why You Should Marry A Foreigner • You travel a lot and knows who can be best life partner for you after considering Indian women psyche and greed.They how to enjoy the lavish life style without even earning a Single penny by their hard work. • Only well off people are implicated by greedy wives by misusing the Indian law, no rickshaw puller has ever been implicated – and you are the one who is well off and can give her a huge settlement amount. • You have a wonderful life and can enjoy your life better when you do not fear dominating Indian wife – foreigners are generally more understanding and adjusting. They also have a respect for gender equality – which Indian women and laws don’t have. • All channels show everyday some software engineer, engineer, NRI or corporate manager being implicated by wife and harassed by media. And….you are one of them. A foreigner wife will not do it to you. • Indian laws do not allow a men to get divorce. It depends on the mercy of wife. They two option end the life in the form of suicide or became the victim of Legal Terrorism. Stop Legal Terrorism and Save your Life

33. Who Are We …Victims of Legal Terrorism in India • Over a period of time – after a lot of research and meeting up with all sections of society and authority, in spite of Supreme Court’s Caution to Stop the legal Terrorism , our Government are Sleeping and we are forced to take a decision to save our own Life and our future Child’s life : • Encourage Indian professionals to marry a foreigner. • Encourage live in relationships, marriage means you are a Free ATM machine. • Create awareness about all marital laws in India and its misuse, Marriage became a crime for not only to Indian men , it is crime for his mother/sisters/sister's child also. • Start funding and legal advise to fight against Indian 498A type wives to stop Legal Terrorism. • File appropriate criminal cases against Indian 498A type wives families. • Use more and more IPC sections to counter draconian Indian laws made for 498A type wives and start collecting evidence, stink operation. • Create awareness for prospective groom and advise them not to marry any Indian girl/women 498A type. Stop Legal Terrorism and Save your Life

34. Government’s immediate Action Required to Stop this “Legal Terrorism” of India. • Make Section IPC498A as Bailable Offence. • Make Section 498A of IPC non-cognizable to prevent arrest of innocent citizens based on mere complaints unsubstantiated by evidence or investigation. • Make IPC498A and Domestic Violence Law gender neutral and provide equal protection for Men and women form Domestic Violence. • Impose heavy penalties by default on people for misusing IPC498A and Domestic Violence Law as weapons for settling personal scores in marital disputes. Stop Legal Terrorism and Save your Life

35. Government’s immediate Action Required to Stop this “Legal Terrorism” of India. Indian Men need protection too… …from domestic abuse …from misuse of women-protection laws and “legal terrorism” !!! Stop Legal Terrorism and Save your Life

36. Support Network – Internet &Other Groups • Supported By :www.saveindianfamily.org www.savefamily.org www.asha-kiran.orgwww.mynation.netwww.protectindianfamily.org • SIFF, Asha Kiran, My Nation , BPSS