Every year 1000s of innocent Indian husbands are charged with false DOWRY cases. Their innocent parents, young sisters & mothers are arrested, jailed without warrant. Some have died. Some have committed suicide unable to bear injustice. The law that was made to protect vulnerable women is being misused by unscrupulous women with connivance of others

Wednesday, November 30, 2005

Misuse of Indian Penal Code section 498A


"Misuse of Indian Penal Code section 498A"







Dear Sir/Madam,



Are you aware of a Section 498A of the Indian Penal code ?



This section has been a common cause of misery to many fellow Indians suffering alone. This section enables a WIFE to get her husband or aged in laws arrested WITHOUT inquiry !! The law which was meant to protect women from harassement, is NOW BEING MISUSED to arrest, harass and extract money from aged in laws (boy's parents) and innocent Indian men. Perhaps India is the only country hosting such gender biased and un-fair law. We need to find a way to resolve this prominent issue facing our beloved country - India.



Beware!, a single false complaint by a DAUGHTER IN LAW /or your wife will keep your age old parents, kith and kin in prison on criminal grounds with out any investigation



Please spare couple of minutes of your valuble time. This is neither a spam nor are we looking for donations. Please read on......



In recent times Indian society had gone through tremondous change. Due to high financial and technological growth, western cultural influences and attitudes are being adopted in India. Marriages do not last for a 100 years. When marriages break due to mutual disharmony, un scrupulous women exploit the laws favouring them



Greed coupled with vengence his has lead to misuse of laws by some daughter-in-laws.



We would like to reach Indians across the world who care for an ethical society and proper laws. Biased laws need correction. We want you to put forward this message to reach victims of domestic disputes that you are aware of or any of your friends interested in making our society more promising for future generations. Men planning to get married also need to be aware of these GENDER BIASED LAWS.



Please join us to fight against this injustice.



"WE REQUEST YOU TO HELP US BY FORWARDING THIS MESSAGE TO ATLEAST 20 OF YOUR FRIENDS OF INDIAN ORIGIN"



Our special focus :



1. Equal rights to both genders.



2. Elimination of dowry.



3. Elimination of wife biased laws such as Section 498A of the Indian Penal code
and Domestic Violence Act in its current form. We are not against DV Act but we believe in Domestic Harmony.



4. Section 498a of the Indian Penal Code -> This is really an evil law, where in may innocent husbands and in-laws are being victimized by false complaints by their daughter-in-law. This law should be re-written to bring it to civil lines. Provisions must be made to punish misuse and false complaints with no exceptions.



If you are a victim please write brief details to to DLMI@googlegroups.com and one of our volunteers would help you



Alternatively you may also post a comment to the following blogs



http://o3.indiatimes.com/Vinayak/

http://batteredmale.blogspot.com/



Monday, November 28, 2005

Will Someone For God's Sake Marry Maureen?


Maybe She'll Shut Up


November 21, 2005




I read with ashen resignation that Maureen Dowd, the professional spinster of the New York Times, will soon birth a book, no doubt parthenogenetically, called Are Men Necessary? The problem apparently is that men have not found Maureen necessary. Hell hath…. Clearly there is something wrong with men.

I weary of the self-absorbed clucking of aging poultry.


Why is Maureen hermetically single? For starters, she is not just now your classic hot ticket. She’s not just over the hill, but into the mountains, to Grandmother’s house we go. She probably gets more daily maintenance than a 747, but she still looks as though a vocational school held an injection-molding contest and everyone lost. That leaves her with only her personality as bait. The prognosis is grim.


Was that ungentlemanly? She makes a career of being disagreeable about men. What’s sauce for the gander is sauce for the goose, say I.


Reading her unending plaints, one concludes that she is deeply in love—with herself, and too loyal ever to cheat with a man. Behind her writing you always hear the little voice, “I’m so wonderful, so elite…why doesn’t somebody marry me?” (Well, Maureen, I can give you a few ideas. You’re a pain in the ass….) “I’m so smart, I’m so powerful, I’m so, sooo elite, so talented, so…special.” As, in their way, are ingrown toenails. “I’m successful, shriek. Men hate me because I’m smart. They feel threatened because I’m so wonderful.”


Actually, Maureen, you are no more threatening, or appealing, than somebody else’s gym socks. I suspect that men don’t like you because you aren’t likeable.


Now, precisely why are you so wonderful? Clearly you aren’t stupid. You are a competent if sophomoric writer. Dummies can’t do that. But I’ll tell you what, Sweet Potato: I don’t think I know anyone who would want to go out with you. As best I can tell, should you have an original thought, it would need counseling, for depression and loneliness.


Smart women are an attraction of Washington, at least the parts off the cocktail circuit. They made fifteen years in that wretched city bearable for me. I knew women with serious brains, golden-girl biochemists at NIH, a gal who ran a federal positron-emission tomography lab, weirded-out computer techs, startlingly good writers and chicks who had popped scores you wouldn’t believe on tests at NSA that aren’t supposed to exist. They’d eat you for lunch, Maureen.


Now, I know that people at the New York Times have ample self-esteem, and indeed come coated with it to a depth of inches. How about we have a little understanding here. In journalism as in politics, advancement has little to do with merit. Have you checked the contents of the White House lately? Dan Rather and Connie Chung are pinnacles of anything at all? I’ve been around this game as long as you have and I know how the scam works. Getting to the upper ranks of journalism is a matter of luck, sexual sharing, brown-nosing, and staying carefully within the bounds of the regnant politics of the newsroom.



You are journalistic glitter, Maureen—Reporter Barbie, a literary Streisand. While working for the Times is perhaps nothing to be ashamed of, I’d keep quiet about it.


Maureen’s agonizing does however provide exegesis of the American female mind at a curious moment. Again and again their question seems to be, what form of pretense is needed to achieve marriage? Must I feign sex-kittenhood? Be a calculated suck-up who always laughs at his jokes? Hide my brains? The underlying idea is that they must commit some fraud to attract a man. This of course implies that they aren’t attractive without committing fraud.


I’ll give them that.


Those of us who have wives from Mexico, Thailand, the Philippines, Chile, or China view Maureen as being a very strange creature indeed, perhaps expelled from a geothermal vent. (“Hi! I’m Fred. What’s your phylum?”) Like Maureen, so many gringas don’t seem to know who they are, what they are, what they want to be, or how to get there. I think of a tinkertoy construction made by an insane two-year-old: a lot of protruding parts that don’t fit together.


By contrast foreign women are psychologically coherent. They are sexy because they are women and like being sexy, not as a Vaudeville act or marketing tool. Resentment is not their primary emotion. They love their children and regard raising them as a pleasure, not an imposition of which they are ashamed.


If you read Maureen and her littermates, you realize that they are those most uncomfortable of women, heterosexual man-haters. For example, Maureen, from her new book:


“Men, apparently, learn early to protect their eggshell egos from high-achieving women. The girls said they hid the fact that they went to Harvard from guys they met because it was the kiss of death.”


Who would marry that? Yet it is classic Maureen, snotty, catty, hostile. As for her own Kevlar ego, there’s this, from her interview with Howard Kurtz:


“Even after a decade of writing a New York Times column, she admits to being ‘very thin-skinned’ about criticism. ‘I'm just not temperamentally suited to it,’ Dowd says. ‘The first couple of years I spent curled up on the floor and crying.’”


Oh.


The drumbeat of animosity is never missing from her hetero-anguished feminism. Men are vain, frightened, immature, unreliable, treacherous, fascinated by gewgaws, obsessed with sex, and unfaithful. Several questions arise. If men are so bad, why does Maureen want one? What kind of men has she been running around with? Those closely resembling herself, it sounds as if. Most to the point, why would any man want anything to do with such a woman?


This confusion and hostility has made the American woman into an internationally acclaimed shrew. Yes, there are degrees, and perhaps more exceptions than examples, but talk to white men from Washington to Hong Kong and you see the same shudder.


These gals are wound too tight. Recently I was aboard a highway bus in an American enclave in Mexico. A gringa wanted to get off where there was no stop. The driver didn’t understand her. In Mexico they speak Spanish, a point which apparently had eluded her. She began yelling at him abusively. (Verbatim quote: “You’re the worst! You suck! You’re the worst!”)


They do this. People notice. A friend somehow found himself talking with a gringa who had one of those puffy little white dogs you could buff a truck with. He said, “Cute little thing. I’ve got a real dog.” This mild witticism set her into yelling.


Par.


Howard Kurtz, Washington Post, Saturday, November 5, 2005


 


Will Someone For God's Sake Marry Maureen?


Will Someone For God's Sake Marry Maureen?

Maybe She'll Shut Up

November 21, 2005


I read with ashen resignation that Maureen Dowd, the professional spinster of the New York Times, will soon birth a book, no doubt parthenogenetically, called Are Men Necessary? The problem apparently is that men have not found Maureen necessary. Hell hath…. Clearly there is something wrong with men.

I weary of the self-absorbed clucking of aging poultry.

Why is Maureen hermetically single? For starters, she is not just now your classic hot ticket. She’s not just over the hill, but into the mountains, to Grandmother’s house we go. She probably gets more daily maintenance than a 747, but she still looks as though a vocational school held an injection-molding contest and everyone lost. That leaves her with only her personality as bait. The prognosis is grim.

Was that ungentlemanly? She makes a career of being disagreeable about men. What’s sauce for the gander is sauce for the goose, say I.

Reading her unending plaints, one concludes that she is deeply in love—with herself, and too loyal ever to cheat with a man. Behind her writing you always hear the little voice, “I’m so wonderful, so elite…why doesn’t somebody marry me?” (Well, Maureen, I can give you a few ideas. You’re a pain in the ass….) “I’m so smart, I’m so powerful, I’m so, sooo elite, so talented, so…special.” As, in their way, are ingrown toenails. “I’m successful, shriek. Men hate me because I’m smart. They feel threatened because I’m so wonderful.”

Actually, Maureen, you are no more threatening, or appealing, than somebody else’s gym socks. I suspect that men don’t like you because you aren’t likeable.

Now, precisely why are you so wonderful? Clearly you aren’t stupid. You are a competent if sophomoric writer. Dummies can’t do that. But I’ll tell you what, Sweet Potato: I don’t think I know anyone who would want to go out with you. As best I can tell, should you have an original thought, it would need counseling, for depression and loneliness.

Smart women are an attraction of Washington, at least the parts off the cocktail circuit. They made fifteen years in that wretched city bearable for me. I knew women with serious brains, golden-girl biochemists at NIH, a gal who ran a federal positron-emission tomography lab, weirded-out computer techs, startlingly good writers and chicks who had popped scores you wouldn’t believe on tests at NSA that aren’t supposed to exist. They’d eat you for lunch, Maureen.

Now, I know that people at the New York Times have ample self-esteem, and indeed come coated with it to a depth of inches. How about we have a little understanding here. In journalism as in politics, advancement has little to do with merit. Have you checked the contents of the White House lately? Dan Rather and Connie Chung are pinnacles of anything at all? I’ve been around this game as long as you have and I know how the scam works. Getting to the upper ranks of journalism is a matter of luck, sexual sharing, brown-nosing, and staying carefully within the bounds of the regnant politics of the newsroom.

You are journalistic glitter, Maureen—Reporter Barbie, a literary Streisand. While working for the Times is perhaps nothing to be ashamed of, I’d keep quiet about it.

Maureen’s agonizing does however provide exegesis of the American female mind at a curious moment. Again and again their question seems to be, what form of pretense is needed to achieve marriage? Must I feign sex-kittenhood? Be a calculated suck-up who always laughs at his jokes? Hide my brains? The underlying idea is that they must commit some fraud to attract a man. This of course implies that they aren’t attractive without committing fraud.

I’ll give them that.

Those of us who have wives from Mexico, Thailand, the Philippines, Chile, or China view Maureen as being a very strange creature indeed, perhaps expelled from a geothermal vent. (“Hi! I’m Fred. What’s your phylum?”) Like Maureen, so many gringas don’t seem to know who they are, what they are, what they want to be, or how to get there. I think of a tinkertoy construction made by an insane two-year-old: a lot of protruding parts that don’t fit together.

By contrast foreign women are psychologically coherent. They are sexy because they are women and like being sexy, not as a Vaudeville act or marketing tool. Resentment is not their primary emotion. They love their children and regard raising them as a pleasure, not an imposition of which they are ashamed.

If you read Maureen and her littermates, you realize that they are those most uncomfortable of women, heterosexual man-haters. For example, Maureen, from her new book:

“Men, apparently, learn early to protect their eggshell egos from high-achieving women. The girls said they hid the fact that they went to Harvard from guys they met because it was the kiss of death.”

Who would marry that? Yet it is classic Maureen, snotty, catty, hostile. As for her own Kevlar ego, there’s this, from her interview with Howard Kurtz:

“Even after a decade of writing a New York Times column, she admits to being ‘very thin-skinned’ about criticism. ‘I'm just not temperamentally suited to it,’ Dowd says. ‘The first couple of years I spent curled up on the floor and crying.’”

Oh.

The drumbeat of animosity is never missing from her hetero-anguished feminism. Men are vain, frightened, immature, unreliable, treacherous, fascinated by gewgaws, obsessed with sex, and unfaithful. Several questions arise. If men are so bad, why does Maureen want one? What kind of men has she been running around with? Those closely resembling herself, it sounds as if. Most to the point, why would any man want anything to do with such a woman?

This confusion and hostility has made the American woman into an internationally acclaimed shrew. Yes, there are degrees, and perhaps more exceptions than examples, but talk to white men from Washington to Hong Kong and you see the same shudder.

These gals are wound too tight. Recently I was aboard a highway bus in an American enclave in Mexico. A gringa wanted to get off where there was no stop. The driver didn’t understand her. In Mexico they speak Spanish, a point which apparently had eluded her. She began yelling at him abusively. (Verbatim quote: “You’re the worst! You suck! You’re the worst!”)

They do this. People notice. A friend somehow found himself talking with a gringa who had one of those puffy little white dogs you could buff a truck with. He said, “Cute little thing. I’ve got a real dog.” This mild witticism set her into yelling.

Par.

Howard Kurtz, Washington Post, Saturday, November 5, 2005

NCW and 498A ...

http://www.indianexpress.com/full_story.php?content_id=82654



NCW says no to dilution of anti-dowry law



AASHA KHOSA



Posted online: Friday, November 25, 2005 at 0308 hours IST



NEW DELHI, NOVEMBER 24: The National Commission for Women (NCW) and womens’ groups have again rejected suggestions to dilute the anti-dowry law, saying it would be an insult to thousands of women who are killed by greedy in-laws.




So looks like the commission is worried about DOWRY DEATH. One has to be worried about dowry death. But as you read further, you begin to doubt what the commission is really worried about ?



The Commission, which kicked off consultations for reviewing the Dowry Prohibition Act, 1961, rather asserted that the law needs to be made more stringent.



Justice Malimath in his report on review of the criminal justice system had suggested that Section 498A be made bailable and non-compoundable as it was being misused too.



‘‘Demands are made from the woman’s family by in-laws for years after the marriage and this does not constitute dowry under existing laws,’’ NCW chairperson Girija Vyas said.




Aha !! that is interesting. So as per Shrimati Girija Vyas demands made some years after marriage ARE NOT DOWRY ??. That seems very interesting. My wife filed a 498A against my parents approx 4 years after marriage ? was that totally illegal ?? :-)



‘‘For this reason the NCW wants that the very definition of dowry be widened.’’




Other feel it is wide enough even now ?



The consultations were attended by chairpersons of all the state women commissions, directors-general of police, and NGOs engaged in ensuring women their rights.



‘‘The meeting rejected, in one voice, the suggestion to make bride-burning a bailable and non-compoundable crime,’’ Vyas told the Express. ‘‘In fact, we are doubly sure now that Section 498A is the only weapon to avenge the killing of women for dowry.’’




Now.... Now.... Now...

Shrimati Vyas is confusing us

Dowry death is covered under section 304B of the India Penal code and not under section 498A. Section 498A deals with cruelty, the nebulous term that is often used to arrest INNOCENT Elderly women by Daughter(s) In Law who are very much alive and comes around asking for a ransom!!

I'm sure Shrimati Vyas is astute enough to understand this difference between 304B and 498A. ONLY that she has shocked us with the words DOWRY DEATH, and is trying to use the sympathy & keep section 498A alive !!

If they are really worried about DEATH, they should be strengthening 304B ?? aint it ??



Speakers at the meeting said, ‘‘Which law is immune to being misused, and why target a pro-women legislation?’’




So ... looks like Shrimathi Vyas is aware of the fact that THIS LAW IS ALSO MISUED !! AHA ! THATS A GREAT ADMITTAL



However, Vyas said the government could streamline the implementation of dowry laws to minimise misuse. Vyas said that even today, ‘‘the bulk of criminal cases pertaining to women are about dowry’’.




Now... Now.. Now.. we are in agrement Madam. YES. The bulk of the cases pertain to dowry. yes. The conviction rate on criminal cases is 2% so a bulk of (98% ) of these cases are FALSE !!



The key points raised at the meeting:



• Massive overhauling of anti-dowry laws to address to the changing times where greedy in-laws have found new ways to circumvent existing laws




What about the Greedy Daughter in Laws, misusing the law ? what about an overhaul for that ?



• Members of legislatures, and public servants should be made to sign a mandatory declaration that they have not asked for dowry at the time of their of children’s marriage




Thanks. That might save some of them from false dowry cases later



• Men and women holding public offices should conduct marriages without vulgar display of wealth




• A woman who has slapped charges of dowry harassment on her in-laws should be free to go to court where her parents reside




aha !! I thought that Madam Vyas was worried about Dowry Death. Dead women don't go to court ... or do they ? so In effect it is about the greedy Daughter in Law trying to file false cases and also dragging the poor husband and family "..to the place where her parents are living ..." ?? ain't it ?



• Strict guidelines should be issued to the police for investigation cases of dowry deaths on the lines of one existing for custodial deaths.




Now again back to deaths..

bottomline : we are talking about deaths the shocking death you dumb male, we are ... talking about the dead daughter in law, the missing poor woman who filed 498A er... against her in laws and went to her father's house IN THIS WORLD... and want's the mother in law arrested .... long live womens lib !! ...





http://o3.indiatimes.com/Vinayak/

http://batteredmale.blogspot.com/

http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0-

http://my2cents.rediffblogs.com/

http://spaces.msn.com/members/Vinayak123/



Sunday, November 27, 2005

Don’t divorce facts


Legally, divorce has reduced everybody’s marriage from a permanent commitment to a temporary arrangement. Either spouse can be divorced against their will. Studies show that divorce damages children. In time, it leads to more divorces.


http://www.timesonline.co.uk/article/0,,2091-1892646,00.html

The Sunday Times November 27, 2005

Don’t divorce facts

AS secretary of the anti-divorce campaign during the 1995 referendum, I am aghast at the revisionism being dished out by some media commentators to commemorate 10 years of legal divorce in Ireland (Divorce figures debunk ‘bye bye daddy’ myth, News, last week).

Those who opposed the referendum did not claim divorce would skyrocket at once. The government forecast an initial stampede for divorce that did not happen.

Its strategy was based on the 63,000 shown by surveys to have broken marriages, and their right to remarry. There was no study to indicate they would remarry and, in fact, quite a few separated people campaigned against divorce.The 63,000 broken marriages in 1995 grew to 133,838 in the 2002 census, seven years after divorce passed.

Despite the Celtic tiger, the number of women and children living on social welfare due to marital breakdown are much the same in 1995 and 2004.

The claims made by the anti-divorce campaigners during the 1995 referendum were accurate. Legally, divorce has reduced everybody’s marriage from a permanent commitment to a temporary arrangement. Either spouse can be divorced against their will. Studies show that divorce damages children. In time, it leads to more divorces.

John O’Reilly
Dun Laoghaire, Co Dublin

free speech and pre-marital sex !

From :
http://blog.360.yahoo.com/blog-WWo9IuAycK0LTJTillTa?p=215

free speech and pre-marital sex !


Its ok to do it. Its not ok to talk about it. Its ok for you to talk about it in private but not in public.

I wonder if the people who take exception to this, are people who missed out on this oppurtunity, and are now feeling 'j' about the whole thing !!

This topic has been in limelight for a couple of months, since Kushboo, actress from the tamil film industry made comment to India Today. The India Today article was about the 'sex' in India, opinion polls, discussions etc. And that started a spate of protests and lawsuits. Apparently the tamils took offense to her words that men in tamilnadu should not expect their wifes to be virgins at the time of marriage.

A simple passing comment, may be outrageous in Indian society and context, but not far from truth and defnitely not something that people should be offended personally, to cause mental agony and trauma.

I dont support or condone it. I fear of the consequences of it. But to shy away from this and take offence because someone sought to talk about it, is meaningless and does not make the issue go away.

The bigger question is, 'is this an issue ?'. I dont know. I am not an authority on this. But the impact of this, is largely felt on the women, rather i should say 'girls'. Because we are talking about the reducing age-barrier. This trend defnitely has problems for the society at large, and cannot be ignored.

The sooner you talk about it, the better it is.

Filing for an injunction in a court of law, or protesting the comment made by someone is surely not going to help.

Not to talk about free speech and civil liberties that are being trampled upon.

53% do it in India - The Pioneer - Nov 19th 2005
Protests in hyderabad !! - Times of India - Nov 19th 2005
PUCL flays protests against Kushboo, Suhasini - The Hindu - Nov 19th 2005

The above article is NOT mine and is taken from the above URL


--- my blogs ---

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http://batteredmale.blogspot.com/
http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0-
http://my2cents.rediffblogs.com/
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Saturday, November 26, 2005

Feminine view on sex is forbidden


http://timesofindia.indiatimes.com/articleshow/msid-1298218,curpg-1.cms

Feminine view on sex is forbidden

SWATI DAS

[ Thursday, November 17, 2005 01:49:51 am TIMES NEWS NETWORK ]

CHENNAI: Don't speak the truth in Chennai. And don't behave like you are living in a 21st century Indian metro. Movie star Khushboo did that and is now paying a heavy and heart-rending price for it.

And just what did the actor do? She said, rather innocuously, that men should no more expect their brides to be virgins. She also said that when youngsters indulge in premarital sex, they should use protection.

Anywhere else, Khushboo would have been called an anti-AIDS spokesperson and perhaps even feted but not Tamil Nadu with its insular politics and blinkered politicians.

It was almost as if the state was being guided by some Taliban-type morality inspectors. Police have in recent weeks closed a star hotel after local papers published pictures of a private party where couples were seen kissing and hauled up other couples just walking in parks.

While the police are cracking down on citizens, men in the political and cultural spaces have been drawing lakshman rekhas for women.

Over a year ago, a few women poets were lambasted by their male colleagues for writing about women's sexuality. One said these women should be slapped!

As for Khushboo — there was a PIL complaining she was corrupting innocence. At last count there were 25 defamation cases against her. In fact, charges seem to have been erroneously slapped against her and the court's impartiality is being debated.

"Chenglepet and Villupuram magistrates dismissed the cases against Khushboo. Probably, the Mettur case was not dismissed because the complainant was a PMK lawyer, A Murugan. The Mettur case was filed under wrong sections.

Criminal defamation and obscenity does not apply in her case," said K Chandru, a senior lawyer. As courts and police hounded Khushboo, few in Tamil Nadu appear to be ready to defend her.

Another actor, director Mani Ratnam's wife Suhasini, who apologised to Khushboo on behalf of the Tamil people, had to eat her words and under tremendous pressure apologise to Chennai's filmdom instead.

An exception, PUCL leader Sudha Ramalingam said, "It never becomes an issue when men speak on sex. But when women speak their mind there is chaos."

Another feeble resistance came from 'Saner Chennai' of lawyer P V S Giridhar. "We had taken up three issues when we started — dress code in colleges, backlash on Khushboo and the Park Hotel incident. Did you know that in Sathyabhama College, girls and boys are not allowed to talk to each other?" Giridhar said.

The Congress didn't show much spine either. Jayanti Natarajan, a party leader, merely said that people have a right to express their views "but it is unfortunate that it (Khushboo's statement) hurt a section of people," The media too has largely been silent.

No one wants to be seen as too forward and defending the actor against political parties. Both Khushboo and Suhasini found little help from the industry.

Officially, though, South Indian Film Artists Association general secretary R Sarathkumar, who said Khusboo had hurt public sentiment by saying men should not expect virgin wives, denied the actresses were out in the cold.

Since cinema and politics are so closely linked here,E V Ramaswamy Periyar had equated chastity to enslavement of women when the Dravidian movement or Tamil nationalism began.

Today, two parties, Patali Makkal Katchi (PMK) and Dalit Panthers of India (DPI) are equating chastity to Tamilhood and resorting to witch hunting. Actors Khushboo and Suhasini are easy targets, given the moral reputation attached to the film industry.

"I do not believe Khushboo has transgressed any law," said Rajya Sabha member and political analyst Cho S Ramaswamy. But dubious agenda-laden netas don't think so and the TNT _ Tamil Nadu Taliban _ is happy to blast away voices of reason in the state.


Kushboo's original comments


I've blogged Kushboo's original comments in Tamil. You can see them on the following URL

http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0-?p=78
http://www.livejournal.com/users/e_vinayak/1959.html
http://batteredmale.blogspot.com/2005/11/kushboo-interview-from-india-today-sex.html

A free translation with no recourse follows. If there are other Tamils, you are welcome to provide alternate / better translations. This translation may also be blogged / posted with some credit to me... but with no copyrights.. :

========= start kushboo's comments with some notes from me ==========

*From Sep 28 2005 India Today*

"Kushboo : ..Chennai *was* behind Bangalore with regard to women expressing sexual matters ...."
(Note : I've used "matters" here as her Tamil word does not exactly translate to desires).

Kushboo : ".....Now women in Chennai are also crossing these mental taboos on sexual matters. We get to see a lot of women (girls? ) in Pubs and discos (at Chennai). (These days) Women can talk freely on matters regarding sex. Slowly the woman is opening her wings and has started flying out in this restricted society. Still, accidents to women like Stephany raises some questions about how healthy this trend is?. Sex education is very essential in schools. Even if sex education is not provided in schools, parents have to teach their children about sex....."

Kushboo : "...For me sex is not just a physical thing. Its mental too. I can't understand how women can change their boy friends every week..."
(Note : Kushboo says that she can't accept this habit of changing boy friends per week.... NOT that this does NOT happen !!. That means there are many girls who have weekly boyfriends and Kushboo who is aware of pubs and discos must have a good overview of this.
Note : Its quite possible that after a few years, meaning 52 x 4 = 208 boyfriends when these new age women get married, they would get rather tired of men and soon seek the 498A route :-()

Kushboo : "....If a girl is going strong with her boyfriend, she can go out with him after informing her parents..."
(Note : No issue of seeking permission here. I've carefully read the Tamil word / words. It just says inform. Not seek permission)

Kushboo : "...If a girl has a Strong relationship, the parents have to allow that...."
Note : all about relationships BEFORE marriage. Social acceptance of the same etc... and then comes the clincher)

Kushboo : "...Our society has to be liberated from thoughts like "a woman has to be a virgin at the time of marriage". No educated man would expect his wife to be a virgin. However, women have to safeguard themselves from pregnancy or other disease, while having pre - marital sex....."
Note : So the issues are just physiological and economic at the maximum. don't get pregnant before marriage and don't be left holding the baby !!. The issue is NOT about chastity..

Kushboo : "...I married the man I was in love with. Since we were sure about our relationships, we had sex before marriage. Its now six years since marriage. Since we have two children, our responsibilities have grown. Since the children sleep in the same room as we do we need to find other private times (/moments) for us. Still we have a happy married life. Married people should know how to satisfy their spouse's physical needs. There would be no problems, if desires are understood mutually. ..."
(Note : She has had pre marital sex. She says she married the same person. She was an actress BEFORE she was married.)

Kushboo : "...Some increase gratification by using sex books, photos etc. One cannot say that is wrong. At the same time At the same time, one should understand the other's likes, dislikes and comforts, discomforts. Men who mistake women talking about sex should change their views. Mutual consent is essential for sex. ..."
(Note : Last para is some general whitewash .. The whole interview speaks tons about pre marital sex, sex between partners, safe sex and so on. At one point she cautions women *not* to get pregnant by Pre marital sex !!)


========= end of Translation and comments =================

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Friday, November 25, 2005

Kushboo Interview from India Today - Sex Survey Issue


Saturday, October 01, 2005

Kushboo Interview from India Today - Sex Survey Issue

குஷ்பு - பீர் முகமதுவிடம் கூறியபடி
நன்றி - இந்தியா டுடே

பெண்கள் தங்களுடைய செக்ஸ் விருப்பங்களை வெளியிடும் விஷயத்தில் சென்னை பெங்களூரை விட பின் தங்கியே இருந்தது. இப்போது சென்னையிலுள்ள பெண்கள் செக்ஸ் பற்றிய மனத்தடைகளைக் கடந்து வருகிறார்கள். பப்களிலும் டிஸ்கொதேக்களிலும் ஏராளமான பெண்களைப் பார்க்க முடிகிறது. செக்ஸ் பற்றி பெண்களால் வெளிப்படையாகப் பேச முடிகிறது. கட்டுப்பெட்டித்தனம் நிறைந்த இந்திய சமூகத்தில் பெண் இந்த விஷயத்தில் மெல்ல சிறகடிக்க ஆரம்பிக்கிறாள். ஆனாலும் ஸ்டெஃபானி போன்ற பெண்களுக்கு ஏற்பட்ட விபத்துக்கள் இந்தப் போக்கு ஆரோக்கியமானதுதானா என்கிற கேள்வியை எழுப்புகிறது. அதே சமயம் பள்ளிக்கூடங்களில் செக்ஸ் கல்வியும் மிகவும் அவசியம். பள்ளிக்கூடங்களில் சொல்லித்தரவில்லை என்றாலும் கூட பெற்றோர் தங்களுடைய குழந்தைகளுக்கு செக்ஸ் பற்றிய அடிப்படைகளைச் சொல்லித் தர வேண்டியிருக்கிறது.

என்னைப் பொறுத்தவரை செக்ஸ் என்பது உடல் பற்றியது மட்டுமல்ல; அதில் மனதும் சம்பந்தப்பட்டிருக்கிறது. வாரந்தோறும் பாய்ஃப்ரெண்டை மாற்றிக் கொள்வது போன்ற விஷயத்தை என்னால் புரிந்து கொள்ள முடியவில்லை. ஒரு பெண் தனது பாய்ஃப்ரெண்ட் பற்றி உறுதியாக இருக்கும்போது அவள் தனது பெற்றோரிடம் சொல்லிக் கொண்டே அவனுடன் வெளியே போகலாம். தனது பெண் சீரியஸான ஒரு உறவை வைத்திருக்கும்போது அதை பெற்றோர் அனுமதிக்க வேண்டும்.

பெண்கள் திருமணமாகும்போது கன்னித்தன்மை கலையாமல் இருக்க வேண்டும் என்பதுபோன்ற எண்ணங்களிலிருந்து நமது சமூகம் விடுதலையாக வேண்டும். கல்வி பெற்ற எந்த ஆண்மகனும் தான் திருமணம் செய்யப் போகிறவள் கன்னித்தன்மையோடு இருக்க வேண்டும் என்று எதிர்பார்க்க மாட்டான். ஆனால் திருமணத்திற்கு முன்பு செக்ஸ் வைத்துக் கொள்ளும்போது கர்ப்பமாகமாலும் பால்வினை நோய்கள் வராமலும் பெண் தன்னை தற்காத்துக் கொள்ளவேண்டும்.

நான் காதலித்த நபரை திருமணம் செய்துகொண்டேன். நாங்கள் எங்களது உறவு பற்றி நிச்சயமாக இருந்ததால் திருமணத்திற்கு முன்பே சேர்ந்து வாழ்ந்தோம். இப்போது திருமணமாகி ஆறு ஆண்டுகள் ஆகின்றன. இரண்டு குழந்தைகள் பிறந்ததால் எங்களுடைய பொறுப்புகள் அதிகமாகியிருக்கின்றன. குழந்தைகளும் எங்களுடனே தூங்குவதால் நாங்கள் எங்களுக்கென்று தனியான நேரத்தை ஒதுக்க வேண்டியிருக்கிறது. ஆனால் இப்பொழுதும் எங்களுடைய தாம்பத்திய வாழ்க்கை மகிழ்ச்சியானதாக இருக்கிறது. மண வாழ்வில் ஈடுபட்டிருக்கும் ஆணும் பெண்ணும் ஒருவருக்கொருவர் உடல்ரீதியாக்வும் சந்தோஷமளிக்கத் தெரிந்திருக்க வேண்டும். ஒருவரையொருவர் முழுமையாக திருப்தியடையச் செய்வதுதான் ஆனந்தம். இருவரும் தங்கள் செக்ஸ் ஆசைகளை பரஸ்பரம் புரிந்துகொண்டால் மணவாழ்வில் பிரச்னை இருக்காது.

சில தம்பதிகள் செக்ஸ் புத்தகங்கள், படங்கள் போன்றவற்றை பயன்படுத்தி தாம்பத்திய இன்பத்தைப் பெருக்கிக் கொள்கிறார்கள். அதை தவறு என்று சொல்லமுடியாது. அதே சமயம் இருவருமே ஒருவர் மற்றவரது விருப்பு வெறுப்புகளையும் சௌகரிய அசௌகரியங்களையும் உணர்ந்து செயல்பட வேண்டும். பெண்கள் தமது செக்ஸ் விருப்பங்களைப் பற்றி பேசினால் அவர்களை தவறானவர்களாகப் பார்க்கும் ஆண்களின் கண்ணோட்டம் மாற வேண்டும். ச்க்ஸிற்கு இரு நபர்களுடைய இணக்கம் அவசியம்.

(இது செப். 28, 2005 இந்தியா டுடேயில் வெளியான முழுப் பதிவு.)

Pre Marital sex is here!. That's the truth.


Results of the controversy : Kushboo and company


1. Pre Marital sex is here!. That's the truth. There is no denying it. That's the gist of what Kushboo said (not me!) Its NOT just metros or Mumbai or Delhi that the "pre marital sex" is happening. There are also extra maritals going on all over India

2. *Tamil Nadu is NO exception*. There are surveys that show that approx 40% of college students have had sex before marriage !!! Now please don't come back and tell me ONLY MEN had sex, and that too all by themselves...

3. Tamil movies have as much sex portrayed in them as bollywood movies. In fact there is a great competition there in showing more sex

4. What happens in Indian cities gets noticed and has a multiplier effect. It's soon followed by others in smaller towns and villages

5. The dress, the dance, the music... the cinema ... these have always moved from cities to towns to villages

6. So would this "sex" thing move to every place

7. Womens lib is calling this "freedom of expression" and *supporting Kushboo*
http://www.hindu.com/2005/11/18/stories/2005111817091400.htm

8. So to me it looks like Kushboo has a point. *Men who expect their wife to be a virgin are fools*

Vinayak
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Women's World condemns campaign against Kushboo and Suhasini


Women's World condemns campaign against Kushboo and Suhasini


http://www.hindu.com/2005/11/18/stories/2005111817091400.htm

Online edition of India's National Newspaper

Friday, Nov 18, 2005

In a press release, Vasantha Kannabiran, Ritu Menon, Volga, and Ammu Joseph, representing Women's WORLD, (India), have expressed grave concern over the vicious public campaign being mounted against Kushboo and Suhasini, and called attention to the way "culture policing and mob censorship'' threaten freedom of expression and place women who speak their mind "at risk.''

Their statement, issued on November 17, reads:

"We are gravely concerned about the public campaign that is being mounted against Kushboo and Suhasini. Personal opinions on the existence or non-existence of premarital sex cannot be taken as insults to communities or cultures. This kind of culture policing and mob censorship has serious implications for freedom of expression.

"We are particularly concerned that such attacks are often directed at women. If women, including Tamil women, are to enjoy their fundamental right to free and equal citizenship, this trend towards targeting women for speaking their minds is a retrogressive step. The whole campaign against Kushboo's remarks is an insult to the thoughts and teaching of E. V. Ramaswamy, a brilliant thinker and guru forgotten today in Tamil Nadu politics.

"The right to freedom of expression must be guarded at all costs. It is a sign of the bankruptcy of our political action that a remark like this is blown out of proportion to generate hate and rouse public anger when far more important issues of injustice, corruption, livelihoods, and survival are not touched upon. E. V. Ramaswamy [Periyar] and Subramania Bharati should be made compulsory reading for political activists of all colours.

"We are also concerned about the role of the media in sensationalising and generating controversies around such issues and thereby placing women at risk. We commend the courage and principled stand taken by Sania Mirza and Narain Karthikeyan in this regard. We call upon all leading writers, artistes, intellectuals, and political parties to take a stand on freedom of expression and censorship by mob, in order to bring an end to this kind of attack. Forced apologies from Kushboo and Suhasini should be seen as a blow to a democratic culture of freedom of thought and expression.

"Women's WORLD (India) is a network of women writers connected to Women's WORLD (Women's World Organisation for Rights, Literature and Development), an international free speech network that seeks to catalyse global feminist work on the right to free expression.

"Women writers from across the world associated with Women's WORLD believe that gender-based censorship is a major threat to women's freedom of expression. Gender based censorship refers to the historic, worldwide silencing of women's voices through various means which subtly, but effectively, obstruct the achievement of equality, sustainable livelihoods and peace by women.''

* * *


AIDWA extends support to Kushboo

Special Correspondent

NEW DELHI: The All-India Democratic Women's Association (AIDWA) on Thursday urged the courts not to entertain complaints "that are a direct blow to the freedom of expression."

Describing the critics of actress Kushboo, who is facing flak for her remarks on pre-marital sex, as "self-styled upholders of Tamil culture," the central executive committee at a meeting here expressed concern over the "increased attempts at moral policing." It said the courts should not entertain complaints that were a direct attack on an individual's right to express his/her views.

The meeting, chaired by Suhasini Ali, also passed a resolution demanding that the Government frame rules under the recently-passed Domestic Violence Bill, so that women get speedy redress.

It decided to set up media monitoring committees in different States to keep a tab on indecent portrayal of women in the print and electronic media and put forward suggestions to the United Progressive Alliance Government. Expressing concern over "the dangerous pro-U.S. tilt of the UPA Government through its various bilateral agreements, the joint military exercise and the anti-Iran vote at the IAEA," the participants also condemned the "communal and revivalist" propaganda in the BJP-ruled States.

It decided to observe December 1 as a protest day against the UPA Government's move to introduce dual pricing policy for LPG and kerosene.


Copyright © 2005, The Hindu.

Thursday, November 24, 2005

Petition against Crime Against Women Cell


http://www.tribuneindia.com/2005/20051124/delhi.htm#4

Petition against Crime Against Women Cell

New Delhi, November 23

A city-based lawyer and his family today moved the Delhi High Court challenging the legal validity of the Crime Against Women (CAW) cell of the Delhi Police.

Justice R C Jain issued notices to the Delhi government and the city police on a petition filed by advocate B K Agarwal, his wife, daughter and son-in-law and asked the respondents to file their replies by December 16.

Claiming to be victims of anti-dowry laws and improper enquiry done on the complaint lodged by his daughter-in-law, Agarwal sought quashing of the probe conducted by the CAW cell and the FIR registered against them.

Agarwal's counsel K C Mittal contended that CAW cell has no legal authority to function and investigate a complaint in the absence of any legislative backing and urged the court to lay down general guidelines for enquiry of such matrimonial offences by the cell.

He sought direction to the Delhi government to place on record the source of creation of CAW cell to investigate matrimonial disputes. Citing Supreme Court's ruling in the Bhajan Lal case, the petitioners contended when no cognizable offence has been committed and no FIR has been lodged, the police has no power to conduct a Preliminary Enquiry (PE).They alleged that CAW cell personnel were not acting in accordance with the procedure laid down in the Criminal Procedure Code and unnecessarily harassing innocent people. Last year, a Metropolitan Magistrate had declared the functioning of CAW cell as illegal but later the order was set aside by the Sessions Court.



Mumbai's divorce cases are doubling annually.



http://www.mumbaimirror.com/nmirror/mmpaper.asp?sectid=2&articleid=11212005232675931121200523266171

Mumbai's divorce cases are doubling annually.

Counsellors blame infidelity, incompatibility and interference from in-laws

Bapu Deedwania

The rate at which the number of divorce cases have been increasing in the last few years in Mumbai is alarming, say marriage counsellors. While in 2002, there were 1,819 cases, the number went up to 3,400 in 2004. Currently, there are a whopping 6,000 petitions pending in the family courts.

"The number of divorces has been almost doubling annually. There are 6,000 cases currently pending in the family court," said Sunanda Joshi, Principal Judge, Bandra family court. About 30-35 couples receive counselling every day, she added.

Other than incompatibility and infidelity, marriage counsellor Rukhsana Ayaz said impulsiveness was a major reason for broken families. She said couples gave up on their marriages very easily. Sexologist Rajan Bonsle said problems with in-laws was a also a major causes for the breakdown of relationships. "Usually, the couple functions better in isolation. In-laws tend to inflict external stimuli that create misunderstandings between spouses. When in-laws don't influence the marriage, a couple chances of divorce are reduced almost by 80 per cent," he said. The counsellors also noted that more and more couples in the city were opting for divorce by mutual consent.

"There is a speedy rise in divorce by mutual consent among urban couples because it is more convenient to obtain. As both spouses are financially independent, they prefer to end the association without much ado," said Ayaz. Considering the sharp increase in divorces many in the legal fraternity feel that the time had also come for pre-nuptial agreements to become acceptable. "Judicial activism can introduce new laws that accommodate pre-nuptial agreements. These can help speed up the process and settle matters in an amicable way," said Justice Joshi.


Additional Comments from Mr. Gope Lalwani a victim of a false dowry case

This situation is the creation of feminists NGO's and the National Commission for Women funded by Indian Government, who have crossed the line into dangerous territory.

Their preachings and actions are destroying the joint family values, and centuries old traditions including joint family system in India. The Draconian laws passed at their behest are killing institution of marriage in India.

Men and Women, Boys and Girls will soon stop supporting these feminists NGO's and NCW for the disaster they have created in the society. Once they come to know that their human and individual rights including their hard earned savings and properties are taken away under various draconian laws in force at the behest feminist's, they are bound to wake up and revolt.

The cases of Divorce, Dowry prohibition and 498A are multiplying in urban areas due to feminists one sided propaganda. These draconian laws are mostly used and misused in urban areas consisting 15 % population and affecting upper middle class families, Non Resident Indians and Persons of Indian Origin as they are vulnerable to blackmail and extortion including alimony and maintenance. Rest of the 85% rural areas mostly have no such problems as they are very closed societies and are not vulnerable to the false propaganda and modern feminists preachings. Rich and Poor families are not affected by these draconian laws as ! they sort out these problems themselves with their own methods.

Every case registered under these draconian laws and Media reporting is sending clear signals to every body including relatives of victim families, neighbours, generation of school and college students, young sons and daughters of marriageable age and their old parents that the marriage is a very dangerous commodity because of these draconian laws. One case is sending signals to hundreds and thousands people about perils of marriage created by these one sided laws, when they see or hear that entire family sick, old, pregnant and children being arrested without bail and jailed without any enquiry, verification and investigation.

Ignominy suffered during and prior to trial by the victim families will be reasons for others to loose f! aith in institution of marriage.

The percentage of convictions in these cases is miserable 2% after long trial lasting several years and 98% is harassment and extortion. These laws have miserably failed and proved mockery of Indian legal system.These laws have not benefited any woman in the process so for but proved dangerous to society.

Court declares CAW Cell illegal



Court declares CAW Cell illegal

Cell cannot take up work like conciliation

Tribune News Service

New Delhi, March 6

The Delhi Police have found itself in a piquant situation with the entire working of the Crime Against Women (CAW) Cell in the national Capital being declared “illegal” by a local court, which has held that the cell had been functioning in contravention of the law of the land.

“The entire working of the CAW Cell is entirely illegal and is against the settled principles of the law. A statutory agency (CAW Cell) cannot justify its action on other grounds if it is violative of the statute itself,” Metropolitan Magistrate Pratap S. Malik said.

Agreeing that the Commissioner of Police does have the power to set up such cells, the court, however, said any statutory creation by the Commissioner of Police has to be within the amplitudes permissible under the Delhi Police Act. “They cannot go beyond the ‘policing’ i.e. they cannot, for any reason, whatsoever, be anything more than being responsible for maintaining public order,” Malik noted.

The order implies that CAW cell cannot take up work like conciliation. The order has created a strange situation for the Police Department as the CAW Cell, set up in 1983 under Section 19 of Delhi Police Act, handles about 8,000 to 10,000 complaints received from women every year.

Asked whether the Police Department would challenge the order, Delhi Police Commissioner K. K. Paul said: “We are examining it. There are other judgments also...,” he said

Under the Delhi Police Act, the Commissioner of Police cannot constitute a cell and ask it to provide better civic amenities in place of the Municipal Corporation of Delhi. Nor any cell constituted by the Commissioner of Police can facilitate ‘better team management’ in place of BCCI with an object to improve the performance of Indian Cricket Team. The good objective does not justify the transgression of the parent state (Delhi Police Act), the court observed.

Instead of straightaway registering FIRs on complaints lodged by women as required under CrPC, CAW Cell conducts an “inquiry” to examine the details of alleged offences against women, provide assistance in case the complainant wants reconciliation, pin-point the guilty, collect evidence for prosecution and prevent miscarriage of justice.

During the inquiry it follows its own procedure (and not the Criminal Procedure Code) to identify the nature of offence, collection of evidence and examination of witnesses. According to the Delhi Police, this is because the Cell is not an SHO in the eyes of the law and a case is registered in a cognizable matter only after conciliatory efforts fail.

“The complaints are usually much exaggerated and the CAW Cell first sifts the chaff from the grain and only the real facts are brought on record...If complaints are registered straightaway then the immediate arrest of the accused would cause irreparable damage to the relations between the parties,” the Police had submitted before the court.

Terming it untenable under the law, the court said it can easily be done during investigation after lodging an FIR. The court said law enforcing agencies cannot on their own substitute a more just and equitable code of procedure and pointed out that the apex court has said in several cases that FIR must be registered immediately after the incident.

Meanwhile, sources said the order has sent shock waves through the Department and the Police Commissioner’s Legal Advisor R. S. Ghumman has sought Delhi Government’s “legal opinion” as the Cell was involved in “reconciliatory” efforts, which the court felt was beyond the purview of “policing”.


Divorce in India : "Misuse of Indian Penal Code section 498A"

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"Misuse of Indian Penal Code section 498A"

Dear Sir/Madam,

Are you aware of a section 498A of the Indian Penal code ?
This section has been a common cause of misery to many
fellow Indians suffering alone. This section enables a
WIFE to get her husband or aged in laws arrested WITHOUT
inquiry !!
This law which was meant to protect women from
harassement, is NOW BEING MISUSED to arrest, harass and
extract money from aged in laws and innocent Indian men.

Perhaps India is the only countryhosting such gender
biased and un-fair law. We need tofind a way to resolve
this prominent issue facing ourbeloved country - India.

Be aware, a single false complaint by a DAUGHTER IN LAW/ or
your wife will keep your age old parents, kith and kin in
prison on criminal grounds with out any investigation


Please spare five minutes of your valuble time. This is
neither a spam mail nor are we looking for donations.
Please read on......

In recent times Indian society had gone through tremondous
change. Due to high financial and technological growth,
western cultural influences and attitudes are being
adopted in India. Greed coupled with vengence his has lead
to misuse of laws by some daughter-in-laws.


We would like to reach Indians across the world who care
for an ethical society and proper laws. Biased laws need
correction. We want you to put forward this message to
reach victims of domestic disputes that you are aware of or
any of your friends interested in making our society more
promising for future generations. Men planning to get married
also need to be aware of these GENDER BIASED LAWS.

Please join us to fight against this injustice.


"WE REQUEST YOU TO HELP US BY FORWARDING THIS MESSAGE TO
ATLEAST 20 OF YOUR FRIENDS OF INDIAN ORIGIN"

Our special focus :

1. Equal rights to both genders.

2. Elimination of dowry.

3. Elimination of biased laws such as 498a and Domestic
Violence Act in its current form. We are not against
DV Act but we believe in Domestic Harmony.

4. 498a -> This is really an evil law, where in may
innocent husbands and in-laws are being victimized
by false complaints by their daughter-in-law. This
law should be re-written to bring it to civil lines.
Provisions must be made to punish misuse and false
complaints with no exceptions.




Monday, November 21, 2005

Divorced Fathers Can Win Child Custody


http://press.xtvworld.com/modules.php?name=News&file=article&sid=7301

Divorced Fathers Can Win Child Custody

Posted on Tuesday, October 25 @ 13:48:48 CDT by xtv 

There are some simple strategies and proven methods for any father dealing with divorce to win custody rights, stop child support, and even win property settlements. An experienced Fathers Rights Expert teaches his methods to all interested fathers.

Lake Forest Park, WA, USA, October 25, 2005 (XTVWorld.Com) -- Fathers in a custody or child support battle should not listen to the many voices saying "you're screwed," but should immediately learn winning techniques other fathers have used to win.

"Stop losing out to the ex-wife on custody rights, child support, and property settlements," explained Dennis Gac, a Fathers Rights Expert who learned from his own divorce how to help other men. "You really can write your own ticket, using powerful and compelling strategies that gain equal rights in a very prejudicial system."

When Gac was faced with a divorce 18 years ago, he said he was not prepared for how prejudiced the system was against him and in favor of his wife. He very quickly learned the methods that were necessary to turn that around.

"Once I learned what really works, I was able to obtain fairness against an extremely disagreeable ex-wife. Shared custody, lower child support and a fair property settlement resulted after I learned the correct approach and legal techniques," said Gac.

His own case was just the beginning. Gac now teaches other men to represent themselves in court, saving them thousands. His methods bring men justice and fairness that they could not otherwise afford.

Gac provides legal information through a complete program of manuals and recorded instructions that can enable any father to quickly and easily master winning strategies. The "Complete Father's Rights Protection System" is a training program that is easy to follow, and simple to implement.

"You will be able to lower or eliminate your child support, gain custody of your kids, and regain your rights as a father. These techniques work, and you don't need an expensive lawyer to have this kind of success," said Gac.

Learning about fathers rights is not just about fathers and their kids. When a father loses his rights with his children and pays too much in child support, there is an impact on the entire paternal side of the family. This can include his new wife, fiancee or girlfriend, and the paternal grandmother and grandfather.

The program was created by Gac and is made available on the Internet at www.FathersRightsProtectionSystem.com through the National Brotherhood of Fathers Rights. The materials provided in this complete package help fathers to overcome difficulties with child support, visitation, custody, divorce, paternity, wage garnishments, license suspensions, and more.

The system gives fathers enough solid information about what others have done in similar situations to either represent themselves in court, or allows Fathers to help their attorneys to be more effective.

Contact:
Dennis M. Gac
1-800-232-8518

Press release services by www.ThatPRGuy.com

 

The comments are owned by the poster. We aren't responsible for their content.

 

Dads making strides in child custody battles

 

http://www.seacoastonline.com/news/11092005/news/72119.htm

Dads making strides in child custody battles

Dads making strides in child custody battles

By Karen Dandurant

kdandurant@seacoastonline.com

PORTSMOUTH - Family law experts say they are seeing a change from the presumption that a children are always better off with their mothers in cases of divorce.

Family law professor Mary Pilkington-Casey, of the Franklin Pierce Law Center, said fathers are more frequently being granted custody of their children because the courts are looking more carefully at the roles of both parents.

"In 2005, I see the courts looking very carefully at both parents, at their roles in the home, to see who is the parent providing the nurturing," said Pilkington-Casey. "Courts want to know what is the father’s role, and more and more fathers have become noticeably involved with their children, through coaching, attending school events and taking the child to the doctor’s and dentist’s. Those were traditionally considered the mother roles."

One reason for the shift is that more and more mothers are in the workplace, and may not be the one providing the bulk of the care, said Pilkington-Casey. She said, sometimes, it’s the father who has the greater flexibility.

"For a brief history, before the early 1900s, it was always the presumption that the father was the head of the household," said Pilkington-Casey. "He had total control over the wife and children, so if a breakup occurred, custody automatically went to the father.

"In the early 1900s, courts moved toward the maternal preference, especially for very young children. The presumption was, it was mothers at home, raising children. It was the tender-years doctrine. Towards 1970 and later, courts started saying, ‘Wait - look at both parents, at who is the better parental choice.’ I think fathers are correct that it hasn’t been fair, because through the 1980s, courts still gave custody to mothers even though more and more women were working outside the home."

Lawyer Alex Nossiff has been dealing with divorce cases for 27 years and said he sees more support for fathers’ rights.

"I would say there definitely is a trend toward courts considering the interest of fathers in custody matters," said Nossiff. "That’s particularly true in Maine - less in New Hampshire, and far less in Massachusetts."

Nossiff said the passage of HB640, which involves both parents planning for their children’s future, is designed to further even the field.

"I’ve read the parenting plan, and it really is a breakthrough," said Pilkington-Casey. "It advances the concept that both parents will be involved and allows the parents to plan for the children and both of their roles in their lives. To plan together rather than in an adversarial situation, there is a much greater likelihood of success."

But fathers’ rights groups such as NHcustody.org, are advocating for passage of HB529. The bill allows the court to begin proceeding under the premise that both parents have equal rights.

HB529 has been deferred until the 2006 session.

Michael Geanoulis is the president of the New Hampshire chapter of the National Congress for Fathers and Children. He said that 35 to 40 percent of children in this country go to bed at night without a father in the home.

"I think the courts do not see fathers as important as mothers, and that’s tragic when you consider the research on the role of fathers for the formation of children’s personality and development," said Geanoulis. "Women have had difficulty establishing their role as contributors in the workplace, but men (are) having difficulty establishing themselves as nurturers of children. Part of that is traceable to fathers who do not see themselves (as) important to their kids."

Geanoulis is involved primarily because he and his sister were moved 1,200 miles away from their father following his parents’ divorce.

"I was an 8-year-old, and I reflect on that often," he said "I was totally blown away. I worshipped the ground he walked on. He was everything to me. I know in my heart of hearts it’s wrong. What are we doing to these kids?"

"The family structure is always changing, always a moving target," said Nossiff. "When I started, fathers worked, mothers stayed home with kids - no longer the case. Courts are focusing more and more on what’s best for the children. Oftentimes, maybe the mother is not in the best position to be primary caregiver."

Nossiff said society’s attitude has changed.

"There’s a whole Mr. Dad phenomenon," he said "I predict, in 20 years, we will see far more (parents splitting) physical custody, provided the parents live in the same town and are equally committed to the soccer games, the music lessons and the kids’ friendships."


 

Thursday, November 17, 2005

Marital Discord

marriage discords, separations and divorces


There are many cases of marriage discords, separations and divorces happening in Indian urban society. Lots of issues arise due to differences within the couple and their family members.

When the situation become uncontrollable, as a simple no fault divorce is NOT available under the Hindu Marriage act, both wife and husband have to approach courts with their exaggerated accusations towards each other. We cannot hold only one gender - as usual 'male' responsible for such problems, but both genders and all of us are equally responsible and are involved in every such social problem.

The Indian family and social customs, values, standards, roles and responsibilities are drastically changing due to education, social and media exposure, competition, new opportunities in life, high lifestyle demands, intolerance, fast-life and higher cost of living standards. All this including various other reasons impact the family and society. The society is getting into chaos, being fragmented day by day when it's heading for leading an individualistic, helpless and lonely life.

While women have been working, earning for themselves, fighting for equality and competing with men, they are still looked at as the weaker sex !!. While society is changing every day the Hindu Marriage Act has not been modified for a decade !!

Imagine NOT changing our cell phones for a decade :-) well we didn't have any a decade ago and wouldn't have any now :-(

Many children are getting single parenting and loosing their desired love of a father or mother. Many old parents, teenagers, minors, unmarried and married women in families have suffered due to such disturbances. Many of them are labeled 'criminals' in exaggerated complaints mainly of 'dowry-demand harassment' filed under criminal laws of 498A and 406 of IPC, and get tortured in jails due to complaints by their Daughter-In-Laws.

Most often the `top brass' of Indian Society including NRIs, IAS, doctors, software professionals, engineers and highly educated people have been tortured and have suffered due to biased provisions of Indian laws that do not provide enough ability to prove themselves innocent. The middle class gets especially hit as they are looked at as milch cows by the unscrupulous lawyers and the police

There should be a combined, sincere and selfless effort by social institutions, organizations, legislature, legal system and individuals to better understand the causes of any such problem right from its beginning and then to deal with unbiased and positive attitude.

As such cases are drastically increasing, so cannot be minimized by holding one person- the accused responsible, but all of us shall work collectively to genuinely workout peace and harmony in family and society.

If you wish to participate in our collective measures, please post a message here or write to one of the groups / blogs mentioned below

Wednesday, November 16, 2005

Justice Kapoor on misuse of 498A




IN THE HIGH COURT OF DELHI AT NEW DELHI

CRLMM 3875/2003

28.01.2004


Court on its own motion
Versus

Central Bureau of Investigation ...
Respondents through : Mr. K.K. Sud, ASG, with Mr. Neeraj Jain, Advocate for respondent-CBI. Mr.Sidharth Luthra,Mr. Vaibhav Gaggar,Advocates for the accused.


CORAM: HON'BLE MR. JUSTICE J.D.KAPOOR

1.Whether the reporters of local papers may be allowed to see the judgment?
2.To be referred to the reporter or not?
3.Whether the judgment should be referred in the Digest?


J.D.KAPOOR, J

1.Having come across the following news item in a national daily ''Statesman''of 16th September, 2003 this Court took suo moto notice as prima facie illegality in the order was writ large on the face, summoned the record, noticed the CBI and stayed its ope ration. The news item reads as follows:- ''Special Court returns CBI charge-sheet Statesman News Service NEW DELHI, Sept. 15.- The Central Bureau of Investigation was at the receiving end of the ire of a special court today with the judge declining to accept its chargesheet against an IRS official-allegedly involved in a fake visa racket during his posting in Tanzania and snubbed it for not arresting him during the investigation. Additional session Judge Mr. Prem Kumar returned the chargesheet to the agency saying it was not observing a uniform policy or norm in arresting accused persons during investigations. The court rejected CBI contention that provisions of Section 170 Cr.P .C., which requires the investigating officer to forward the accused under custody to a magistrate, did not apply in the present case. The agency chargesheet accused Rajeshwar Singhal of misappropriating Rs.23.09 lakh while acting as first secretary at the Indian High Commission in Tanzania in 1998-2000. The agency has alleged that during his posting at Tanzanian capital Dar-es-Salaam, Singhal issued visas to the applicants by falsifying the receipts of various categories. Besides being charged under Prevention of Corruption Act for misusing the official position, he was also slapped with charges under Section 409 (criminal breach of trust) of the IPC among others.''

2.In the instant matter, case was registered against the accused in February, 2001 and chargesheet was filed in August, 2003. During this period, the accused was not arrested as CBI did not deem his arrest necessary for investigation. But now learned Sp ecial Judge wants CBI to arrest him and has ordered that unless he is produced in custody he would not accept the chargesheet little realizing that there is prescribed limit of time for offences during which the court can take cognizance.

3.So much so he came very heavily upon the CBI by observing that the CBI was not adhering to the norm in arresting the accused during the investigation and flouting the provisions of Section 170 Cr.P.C. requiring the Investigating Officer or Officer-in- charge of the Police Station to forward the accused in custody to a Magistrate where there is sufficient evidence and reasonable ground to put him on trial.

4.Now the question arises whether it is legally permissible for any criminal court to refuse to accept the chargesheet where accused is neither arrested during investigation nor produced in custody by the Investigating Officer at the time of filing the c hargesheet wherever there is sufficient evidence to try the accused. Answer is emphatic ''NO'' as Section 173 of the Code of Criminal Procedure does not permit the criminal court to adopt such a course. Such a course is even otherwise fraught with seriou consequence of failure to take cognizance of the chargesheet if it becomes barred by time in the process of procuring the custody of the accused for production before the court as law provides a limitation for taking cognizance of the chargesheet. Mom nt the chargesheet is filed, it is the duty of the court to accept it. It has no powers to return the chargesheet directing the Investigating Officer to first produce the accused in custody. It is not imperative or necessary for the officer-in-charge f the police station to forward each and every accused in custody at the time of filing of the charge-sheet wherever there is sufficient evidence to try the accused.

5. According to Section 173 of Cr.P.C three courses are open to the Magistrate or a Court:(i) It may accept the report and take cognizance;(ii) It may disagree with the report and drop the proceedings; (iii) It may direct further investigation.

6.It is co-incident that a similar course was once adopted by a Magistrate in Gujarat way back in 1983 which was deprecated by the High Court in Deendayal Kishanchand and others vs. State of Gujarat, 1983 Crl.L.J. 1583, with the observations that a ref usal by criminal Courts either through the learned Magistrate or through their office staff to accept the charge-sheet without production of the accused persons is not justified by any provision of law and therefore whenever the police submit the charge- heet, it is the duty of the Court to accept it especially in view of the provisions of Sec. 468 of the Code which creates a limitation of taking cognizance of offence.

7. Let us first see what is command of Section 173 Cr.P.C. under which chargesheet is filed and then I shall advert to the provision of Sectiion 170 Cr.P.C. under which the learned Special Judge has returned the chargesheet.

8. Section 173 Cr.P.C. provides as under:- ''S. 173 (1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) (i) As soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating -

(a) the name of the parties;

(b) the nature of the information;

(c) the name of the persons who appear to be acquainted with the circumstances of case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond, and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under Section 170.

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under Section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Ma istrate, direct the officer-in-charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this Section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which Section 170 applies the police officer shall forward to the Magistrate along with the report -

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public inte est, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to Magistrate and, where upon such investigation, the officer-in-charge of the police station btains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such eport or reports as they apply in relation to a report forwarded under sub-section (2).''

9.Bare perusal of Section 173 Cr.P.C. shows that whenever a final report under Section 173 Cr.P.C. is filed for consideration by the Magistrate, two situations may arise. First, that the report may conclude that the offence appears to have been committ ed by a particular person or persons and second, that in the opinion of the officer-in-charge no offence appears to have been committed.

10.In the first eventuality, that is where the report discloses the commission of an offence, the aforementioned three courses are open to the Magistrate viz. (a) he may accept the report and take cognizance of the offence and issue process; (b) he may disagree with the report and drop the proceedings; (c) he may direct further investigation.

11.In the second eventuality i.e. where the report states that no offence appears to have been committed, the Magistrate has again three options: (a) he may accept the report and drop the proceedings; (b) he may disagree with the report and take th e view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process; (c) he may direct further investigation to be made by the police.

12.Perusal of Section 173 Cr.P.C. further shows that as soon as investigation is completed the Officer-in-charge of the police station is required to forward the police report to Magistrate empowered to take cognizance of the offence in the form prescrib ed thereunder with the information contained in sub-clauses (a) to (g).

13.The very word ''Whether'' referred in clause (g) of sub-section (2) (i) shows that it is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the chargesheet in non-bailable offences where there is sufficient gro und to try the case. Had there been any imperative need to forward every accused in custody, then there was no need for particulars regarding sub-clause (d) and (e) i.e. ''whether any offence appears to have been committed, and, if so, by whom'' and ''wh ther the accused has been arrested.'' This conclusion is derivative of Section 170 Cr.P.C.

14. Let us now see the import of Section 170 Cr.P.C.. It reads as under: - ''S. 170 (1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistr te empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magis rate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.''

15.Word ''custody'' appearing in this Section does not contemplate either police or judicial custody. It merely connotes the presentation of accused by the Investigating Officer before the Court at the time of filing of the chargesheet whereafter the role of the Court starts. Had it not been so the Investigating Officer would not have been vested with powers to release a person on bail in a bailable offence after finding that there was sufficient evidence to put the accused on trial and it would have een obligatory upon him to produce such an accused in custody before the Magistrate for being released on bail by the Court.

16.In case the police/Investigating Officer thinks it unnecessary to present the accused in custody for the reason that accused would neither abscond nor would disobey the summons as he has been co-operating in investigation and investigation can be comp leted without arresting him, the I.O. is not obliged to produce such an accused in custody.

17.Thus, the only meaning of sub-clause (g) of sub-section (2) (i) of Section 173 Cr.P.C ''whether the accused has been forwarded in custody under Section 170'' is with regard to the information that whether the accused is being forwarded under custody or not. Nothing more nothing less. Section 173 Cr.P.C. confines to providing the said information.

18.Thus, at the most the Magistrate; for that purpose the Court empowered to take cognizance has the power to ask the prosecution to provide with further information in respect of clauses (a) to (g) of sub-section (2) (i), if these are deemed deficient a nd in no case has the power to return the chargesheet on the ground that the officer-in-charge of the police station or CBI has while filing the chargesheet not forwarded the accused in custody in ''cognizable'' and ''non-bailable'' offence where there is ev dence to try the accused in spite of the fact that the IO did not deem it necessary to arrest such a person even for the purpose of completing the investigation.

19. It appears that the learned Special Judge was labouring under a misconception that in every non-bailable and cognizable offence the police is required to invariably arrest a person, even if it is not essential for the purpose of investigation.

20.Rather the law is otherwise. In normal and ordinary course the police should always avoid arresting a person and sending him to jail, if it is possible for the police to complete the investigation without his arrest and if every kind of co-operation i s provided by the accused to the Investigating Officer in completing the investigation. It is only in cases of utmost necessity, where the investigation cannot be completed without arresting the person, for instance, a person may be required for recover of incriminating articles or weapon of offence or for eliciting some information or clue as to his accomplices or any circumstantial evidence, that his arrest may be necessary. Such an arrest may also be necessary if the concerned Investigating Officer or Officer-in-Charge of the Police Station thinks that presence of accused will be difficult to procure because of grave and serious nature of crime as the possibility of his absconding or disobeying the process or fleeing from justice cannot be ruled ou .

21.The liberty of a citizen is of paramount importance and a constitutional guarantee and cannot be incised and therefore the police or Investigating Agencies should not remain under the impression that in every cognizable and ''non-bailable'' offence the y should invariably arrest the offender. Power to arrest is altogether different than the need for arrest. Unless a person is required for custodial interrogation and investigation cannot be completed without his arrest, arrest may be necessary. In c se investigation can be completed without his arrest and he extends all kind of co-operation, he should not be arrested. No authority howsoever powerful or mighty can be allowed to deny a person his liberty as it hits at the very foundation of democrati structure. In this regard, I cannot resist the temptation of reproducing the observations made by the Supreme Court in Joginder Kumar vs. State of UP and ors. (1994) 4 SCC 260 which are very pithy and have force in law. These are as under:- ''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 fro his power to do so. Arrest and detention in police lock-up of a person can 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 o 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.''

22.Because of the view taken by the Special Judge and return of the charge-sheet by forcing the CBI to arrest the accused which it otherwise never felt the necessity of arresting him even for the purpose of investigation, and apprehension of the accused being denied the benefit of bail in spite of offence being devoid of high magnitude and severe punishment this Court feels constrained to give certain directions based on the legal position and several judgments including those delivered by me recently

(i) Suresh V. Chaturvedi vs. M/s. AES Control Pvt. Ltd., Crl.M.

(M) 2970/2003 decided on 24th July, 2003, (ii) Pratap Singh Gaekwad and Ors. vs. State of NCT of Delhi and Anr. Crl.M. (M) 1848/2003 decided on 30th October, 2003, (iii) Sudhir Natha

i vs. Central Bureau of Investigation, Crl.M.(M) 2848/2003 decided on July 24th , 2003} to the police and the investigating agencies as well as to the courts competent to take cognizance of the offence and try the accused for guidance and compliance. T ese are :- Directions to the Police/Investigating Agencies like CBI etc. :-

(1)Investigating Officer, be of police station or special agency like CBI shall not arrest any person accused of having committed a cognizable and non-bailable offence until it is very necessary for the purpose of investigation or custodial interrogation say for recovering incriminating articles or weapons of offence or eliciting information as to his accomplices etc. or for any other purpose that may help in gathering evidence to prove his guilt.

(2) Arrest should always be avoided if the investigation can be completed even otherwise and the accused gives full co-operation in completing the investigation.

(3) Arrest may be necessary, if the offence alleged is of grave nature and prescribes severe punishment and there is a likelihood of an offender either absconding or not appearing on being summoned or his fleeing away from justice or judgment.

23.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 withou t 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 relat ves whose arrest may not be necessary for completing the investigation as it can be completed by recording the statement of victim, her parents and 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.

24.In this court everyday ten to twenty matters for quashing the FIRs under Sections 498A/406 IPC are taken up as all marriages end in divorce where relatives of husband or other are sent to jail. Unfortunately, sufferers are young girls between the age s 20 to 28 years. Very few cases end up in full trial and conviction. These are the offences whose deterrence has proved worse than remedy.

25.It was in view of this malady that this Court had strongly recommended to make the offence under Section 498A IPC bailable and compoundable if society wants to salvage and save the institution of marriage. This Court again reiterate its recommendatio ns to the Government.

26. Arrest of a person for less serious or such kinds of offence or offences those can be investigated without arrest by the police cannot be brooked by any civilized society. Directions for Criminal Courts :-

(i)Whenever officer-in-charge of police station or investigating agency like CBI files a chargesheet without arresting the accused during investigation and does not produce the accused in custody as referred in Section 170 Cr.P.C the Magistrate or the co urt empowered to take cognizance or try the accused shall accept the chargesheet forthwith and proceed according to the procedure laid down in Section 173 Cr.P.C. and exercise the options available to it as discussed in this judgment. In such a case the Magistrate or court shall invariably issue a process of summons and not warrant of arrest.

(ii) In case the court or Magistrate exercises the discretion of issuing warrant of arrest at any stage including the stage while taking cognizance of the chargesheet, he or it shall have to record the reasons in writing as contemplated under Section 87 Cr.P.C. that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him.

(iii) Rejection of an application for exemption from personal appearance on any date of hearing or even at first instance does not amount to non-appearance despite service of summons or absconding or failure to obey summons and the court in such a case shall not issue warrant of arrest and may either give direction to the accused to appear or issue process of summons.

(iv) That the Court shall on appearance of an accused in a bailable offence release him forthwith on his furnishing a personal bond with or without sureties as per the mandatory provisions of Section 436 Cr.P.C

(v)The Court shall on appearance of an accused in non-bailable offence who has neither been arrested by the police/Investigating agency during investigation nor produced in custody as envisaged in Section 170 Cr.P.C. call upon the accused to move a bail application if the accused does not move it on his own and release him on bail as the circumstance of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Reason i simple. If a person has been at large and free for several years and has not been even arrested during investigation, to send him to jail by refusing bail suddenly, merely because chargesheet has been filed is against the basic principles governing gra t or refusal of bail.

(vi)That the Court shall always keep the mandatory provisions of Section 440 Cr.P.C. in mind while fixing the amount of bail bond or surety bond which provides that the amount of bond shall never be ''excessive'' amount and take into consideration the fina ncial condition, the nature of offence and other conditions, as ''Excessive'' amount of bond which a person is not in a position to furnish amounts to denial of bail in a non-bailable offence and conversion of bailable offence into non-bailable offence as he fundamental concept of granting bail on bond is security of appearance of the accused person to answer the charges and face the trial. Nothing more nothing less. Principles that govern the grant of refusal of bail in other kinds of cases and shall be followed in letter and spirit are as under:-

(a) Bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it prescribed by law is of extreme severity;

(b) Bail may be refused when the court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the stage of judgment;

(c) Bail may be refused if the course of justice would be thwarted by the person who seeks the benignant jurisdiction of the Court to be freed for the time being;

(d) Bail may be refused if there is likelihood of the applicant interfering with witnesses for the prosecution or otherwise polluting the process of justice; and

(e) Bail may be refused if the antecedents of a man who is applying for bail show a bad record, particularly a record which suggests that he is likely to commit serious offences while on bail.

(f) Similarly, the Court shall not while releasing a person on bail put any condition, say in the form of deposit of extra amount or FDR etc. of any amount which is beyond the conditions permissible under Section 439 Cr.PC.

27.This Court has laid down aforesaid law in various cases decided from time to time for the guidance and compliance of the subordinate courts but it is with great anguish and pain that this Court observes that it has come across a large number of orders passed by the subordinate courts in complete violation of the law laid down by this Court and Supreme Court in many more other cases.

28.There is no gain saying the fact that the disobedience or disregard of the law laid down by the High Court by the subordinate courts is not only against the very concept of rule of law but also verges on contempt of court as subordinate courts are, by way of constitutional provisions, bound by the decision of the local High Court as is every court of the country including the High Courts, bound by the decisions of the Supreme Court by virtue of provisions of Article 141 of the Constitution. If the s bordinate courts start ignoring the law laid down by their High Courts and start acting contrary thereto, then not only the legal anarchy will set in but the democratic structure of the country, rule of law and concept of liberty of citizens will be th first casualty.

29. Motion is disposed of with the aforesaid directions.

30.In view of the wide ramifications of the law laid in this case and cases referred therein and for the benefit of the society and people at large, Registrar General of this Court is directed to send the copy of the Judgment to Police Commissioner for g uidance and compliance by the SHOs/Investigating Officers and to all the Judicial Officers of Delhi and to the Director, Central Bureau of Investigation.

January 28, 2004 ( J.D.KAPOOR)

sk/ssb JUDGE




Divorce By E Mail


http://www.rediff.com/search/2002/apr/08sadia.htm

Divorce By E Mail

[Sadia Dehlvi shares her experience of ending a marriage online]

Nidhi Taparia Rathi

Two weeks ago, Sadia Dehlvi received an email that was both saddening and liberating. It signalled an end to one relationship and gave her the freedom to enter another. The author, scriptwriter and actress became perhaps the first person in India to receive a talaq or divorce electronically.

"My relationship with Reza (her ex-husband who is based in Pakistan) had broken up long ago and we were separated. I did discuss with him over the Internet my intention of remarrying someone else in great detail. He was unable to come to India and I could not go to Pakistan either. Our marriage was finished in any case. We needed to formalise it and it was done via email," she says.

"Islamic law stipulates that a man can divorce his wife by either speaking or writing the words 'I divorce you' three times, if certain conditions are met... Islam is based on intent," Sadia claims. "It (divorce by email) is a legally binding decision. It was only after getting the email; I was free to marry again."

Dehlvi married Reza Pervaiz 12 years ago in Delhi. The email two weeks ago allowed her to marry 45-year-old Sayyed Karamat Ali, whom she met at Hazrat Shah Farhad, a Sufi shrine in Delhi, which she has been visiting for the last 20 years.

"It was a quiet nikah ceremony. I met him at a dargah and barely knew him but it was like my soul was searching for him. We had no romance or courtship, we just got married. The bond is deep and spiritual. I've even changed my name. I had always said, I may change husbands, but I will never change my name… But I am now Sadia Sayyed Karamat Ali."

Rediff Guide to the Net spoke with Sadia Sayyed Karamat Ali. Excerpts from the conversation:

Do you use the Net extensively?

Sometimes for research and while travelling to keep abreast of the news, mostly Indian news-oriented Web sites

As a writer and media person, what do you usually use the Internet for?

I usually write to friends, email articles locally and internationally and for research. I used to do a column called Sadiasense for a Web site that has been temporarily discontinued. But I don't like chatting… I find it quite a strain. I haven't made any friends online and I don't intend to, because I have enough friends and it's difficult to find time for the ones I already have.

What do you think of the Internet?

I think it's a revolution that has made the world an easier and fun place to live in. I am an email person and wonder how we all survived so long without it.

How did the Internet help in your long-distance relationship with your ex-husband?

I used to communicate with Reza in Pakistan via the Internet because it's an easier and cheaper option than calling. He is not Internet savvy but his office is wired so he usually had some one download my emails and then would type out a reply to me, which would then be sent by some of his assistants. He doesn't really understand the Internet. He just knows that it is an easy way of communication and uses it.

In fact, the Internet has made communication easier in our relationship. I am a writer and I find it easier to articulate my feelings in an email. I prefer writing to talking on the phone. I am more focused and more poetic in my emails. Reza's emails, on the other hand, reflect his profession. As a marketing person, his emails are always bulleted and numbered, crisp and to the point.

But, nonetheless my husband and I will remain friends exchanging emails once in a while…

But my best Net relationship is with my stepsons. In fact, they are my email buddies, forwarding jokes, funny one-liners and engaging in continuous Indo-Pakistan bashes! Email and the Internet have played a role in sustaining the warm bond I have with my stepsons (Reza's sons from an earlier marriage).

I shared my decision to remarry with them in detail via email, also reflecting my concerns about their father. Just yesterday, they emailed me a warm and lovely letter saying "how happy they are for me. And they know that their brother Armaan (Sadia and Reza's son) needs a warm and contented mother for a happy family". I was so touched that I saved a copy of the email and even took a few printouts.

But for my son, the Internet is a boon. He started using the PC at the age of four. Today at nine, Armaan emails his father regularly and it's a great support to him. In fact, he is the one who will keep emailing his stepbrothers in Pakistan, sending them birthday cards and New Year greetings. He is terribly proud of his one-year-old nephew and the fact that he is a chacha (uncle). He waits for monthly updates of his nephew's pictures and puts them on his desktop.

How did the divorce via the Net happen? Was the email just a culmination of a thought out decision? Were you expecting it? Or were you surprised?

My relationship with Reza had broken up long ago and we were separated. I did discuss my intention of remarrying with him in great detail over the Internet. He was unable to come to India and I could not go to Pakistan either. Our marriage was finished in any case. We needed to formalise it and it was done via email.

The legal verdict, which in Islam is a written or orally pronounced divorce with two witnesses, was needed. When I decided to marry my present husband, Sayyed Karamat Ali, I asked my ex-husband to send me an email writing that he is divorcing me three times.

I gave him the choice of either phoning me with two witnesses on either side or just emailing me. He preferred the written version and he copy-pasted the entire line three times. The verdict is legal and final under the Islamic law.

How do you feel about such an end to a relationship?

An end to any relationship is always sad. But, I am a deeply religious and god loving person and believe whatever happens is with his will.

Does your husband, Sayyed Karamat Ali, use the Internet?

Just before we got married, one evening I taught him how to use the computer and the Internet. I created an email address to demonstrate its usage. He is extremely sharp and to my surprise the next day he emailed me to say 'hello how are you'.

Has the Internet changed your relationship in any manner?

Not really as we both live in the same city. But it converted him into my student for computers. He barely knew anything about me and in that session when I was explaining him what a search engine is and how one can use the Internet for information, I punched in my name at Yahoo! Search. To our surprise, there were lots of pages on me and even some articles authored by me online.

I felt completely exposed because I didn't know what articles or what comments and quotes were online… and I shut the browser. But, Karamat who had never been to a cybercafé went to one and read up all the information about me. In that sense, he did learn about my work through the Internet because Karamat didn't know who 'Sadia Dehlvi' really was. He is not a part of my world or the 'Page 3' crowd. He is a completely different person. And he used the Internet to find out more about my work and me.


Tuesday, November 15, 2005

Married Scapegoats

Sunday, November 13, 2005

'I went frantic, punching him'

Record numbers of men are being hit by their stressed-out wives and girlfriends

'I went frantic, punching him'

By Sophie Goodchild, Chief Reporter

Published: 13 November 2005

For centuries, women have been stereotyped as the passive victims of violence and aggression. Yet experts are now warning that record numbers of men are being physically abused by their stressed- out wives and girlfriends. New figures show that the number of calls to domestic violence helplines from male victims has more than doubled over the past five years. And now one of the world's leading feminist journals will investigate the issue of male abuse for the first time in its history: the Psychology of Women Quarterly will devote a whole edition to research on violent women and their behaviour towards men.

Until now, domestic violence has been seen by police and ministers as an issue which blights the lives of women rather than men. Their policies are based on Home Office figures, which show that one in four women suffer abuse in the home compared with one in six men.

Incidents such as the arrest earlier this month of Rebekah Wade, the editor of The Sun, after an alleged assault on her husband, EastEnders actor Ross Kemp, are generally treated as trivial and a source of amusement by social watchers. However, experts say that although attacks by men are more common and extreme, there is increasing evidence that women are lashing out and adopting behaviour traditionally associated with men. This trend is fuelled partly by an increase in binge-drinking and drug- taking among women as well as the pressure of juggling motherhood and career success.

ManKind, an organisation which campaigns for equal rights for men, receives more than a thousand calls a year to its helpline from male victims of domestic violence as well as from doctors worried about patients they suspect are being abused by their girlfriends and wives. The charity Snap, which runs a gender-neutral helpline, says it receives up to 25 calls a day from battered men. There are only four places in the country which offer shelter to male victims of domestic violence, which men's rights campaigners say is not enough.
"The ones who are the perpetrators are in the caring professions - social workers, nurses, carers," said Anne Harris, a spokeswoman for Snap.

Research to be published next year will also show that more men report being victims of domestic abuse - and fewer women - in countries where there is greater gender equality. Based on an analysis of UN data on gender equality, the study by the University of Central Lancashire will show that more women carry out attacks on their male partners in Western nations such as Britain and the US compared with countries such as Pakistan.

Professor John Archer, an expert on both male and female aggression, who carried out the study, attracted huge controversy with a report five years ago showing that women were likely to lash out more frequently than men during rows. He says that battered men are treated as figures of fun by society and that policymakers must treat domestic abuse against both men and women with equal seriousness.

"There is a strong cultural ethos drummed into men from an early age that it's wrong to retaliate but these attitudes are not drummed into women," said Mr Archer, Professor of psychology at the University of Central Lancashire. "The Rebecca Wade case was treated as a joke which typifies the differences in attitudes. The male victim is seen as a subject of fun."

But Professor Sylvia Walby from Lancaster Uni versity, who has carried out extensive research on domestic violence, says that women are still overwhelmingly the victims and suffer far more than men.

"Women are far more vulnerable because they do not have the same financial security as men and they are the ones who suffer more severe and far more sustained attacks."
Dr Malcolm George, an expert on the brain and human behaviour, says there is evidence that "husband abuse" dates back to Elizabethan times. Historical records that he has unearthed show that men who were beaten by their wives were publicly humiliated in a special ceremony called a "skimmington procession", named after the ladle used to skim milk during cheese making.

"No one disputes the fact that there is a group of men in society that are highly violent," says the retired lecturer in neuroscience at London University. "But it's nothing new for women to be violent and aggressive- it's just society considers it a travesty of femininity for women to be violent so they get stereotyped as passive victims."

Claire Stewart is one of a growing number of women who are seeking professional help to manage their anger. The nursing student, 37, from Leicester says she has head-butted Graham, a builder, tried to strangle him and thrown furniture at him. Their relationship has always been confrontational and at one point they split up. Mrs Stewart believes her problems stem from not coming to terms with the death of her father. "Having spoken to professionals, I think the anger goes back to my dad dying when I was 11," says the mother-of-four, whose name has been changed to protect her identity. "I was brought up to believe that if you cry it's a sign of weakness. I am booked in to start cognitive behaviour therapy. I think in the end we will get through. When the couple got back together, she says that she felt her life had fallen apart. "Our relationship had always been a bit up and down but I thought it would stop when we got married," she says. "When he came back I felt like he was laughing at me. I completely lost it. I went frantic, punching him in the head and body. I head-butted him and tried to strangle him. I only stopped because my eldest daughter came in and shouted at me to stop."


Girl who is a GANG member uses a dog to anal rape a boy



a. In this case, a Girl who is a GANG member uses a dog to anal rape a boy

b. All that she gets is a minor "councelling" !!!!

c. An appeal is made seeking more punishment, but that is also rejected


Are courts biased in favour of women ??



http://www.torontosun.com/News/Columnists/Bonokoski_Mark/2005/11/04/1291748.html

[..................]

The facts of the case are as follows: In August 2003, the then-15-year-old girl was hired by a neighbour in her apartment building to look after her pit bull terrier while she went away to the west coast, and left her explicit instructions not to bring any other person into the apartment.

The police report is three pages long. And it is graphic.

It has the girl attending the apartment to feed the pit bull, and taking along the 12-year-old "victim" who also lived in the same building. They were sitting on the couch when the dog climbed up and began "humping" the boy.

Both, according to the report, thought it was "funny."

"We need to get rid of his horniness," the girl reportedly said, and then instructed the boy to get down on the floor on his hands and knees where she then forcibly pulled down his pants and underwear, and put the pit bull in position.

The boy told her to stop -- that it was "no longer funny."

But it wasn't about to stop.

"The victim began crying in pain," reads the police report. "After about 10-15 seconds of the dog penetrating the victim, the accused began hitting the dog on the head to break him off. The accused instructed the victim not to tell."

Back at his own apartment, the boy initially told his mother that his "puffy" face -- swollen from crying -- was the result of banging his head on a shelf. After he went to the bathroom and discovered he was bleeding, however, he let the entire story spill out, including showing her the scratches on his back that were consistent with claw marks.

According to the police, the boy's mother confronted the girl, but did not immediately report it to the police because she feared the girl was not only a bully, but a member of a gang in that end of Scarborough.

It was only after a social worker at the boy's school called the mother to discuss her son's increasingly bad behaviour did the mother disclose the events of that summer. The social worker, in turn, called Children's Aid who, in turn, called the cops.

The girl was originally charged with three criminal counts, one for compelling bestiality, one for bestiality on a person under the age of 14, and another for sexual assault.

The last two charges were withdrawn when the girl pleaded guilty to the first count. During the sentencing, Judge Robertson said that, despite the Crown's prosecutor's use of the words such as "repugnant" and "perverted," he could find "no evidence before him that the physical injuries (to the boy) were anything more than transient in nature."

He also said he "would not equate this offence with one of incest or a serious sexual assault" that would result in "psychological damage far in excess of the physical nature."

"The offence before me was spontaneous, lasting about 10, 15 seconds," said the judge. "It started as an ill-advised joke between friends."

It was Tony Loparco, the head Crown in Scarborough, and prosecutor Kim Motyl's boss, who asked for the appeal.

"From a legal perspective, I knew the appeal would likely be turned down, simply because the girl will soon be 19," said Loparco. "That, and the fact that young-offender rulings are rarely changed.

"But, was it worth a try? Yes, it was," said Loparco. "Imagine what that boy went through, with a pit bull.

"Sometimes you just despair for humanity.

"It's frightening. It truly is frightening."


<<<<<<<<<<<< end of article <<<<<<<<<<<<<<<<<<<<<<<
--
http://batteredmale.blogspot.com/
http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0-
http://my2cents.rediffblogs.com/
http://spaces.msn.com/members/Vinayak123/

http://s2.phpbbforfree.com/forums/dowry-forum-1.html
http://phpbb-host.com/phpbb/viewforum.php?f=2&mforum=dowry

http://groups.google.com/group/DLMI?lnk=li
http://groups.google.com/group/DivorceCases?lnk=li
http://groups.google.com/group/DivorceFAQ?lnk=li


Government must protect women's rights

Government must protect women's rights

Indian Government has taken away the rights of women to protect her husband by enacting and amending biased laws related to marriage, divorce, dowry and maintenance.


The Indian laws are so biased that women are unable to protect her husband and in-laws. Indian women who are revered for her sanctity and self-respect are deprived of her basic rights. Indian women who fought with Yamraj to get her husband back couldn't do so in the present times because of biased laws.


Women are unhappy seeing her husband being tortured by women's organisation. Why women are deprived of justice and their basic right to protect their husbands ? Women are unable stop her husband from paying her huge sum of money as alimony after divorce because the law relentlessly demand the husband to provide for his wife. Such laws are taking away the rights of women to protect her husband. Indian women are so heavenly that they would sacrifice everything for the well-being of her husband and in-laws but existing marriage and divorce laws are making Indian womens' life miserable.


The Government isn't doing anything to protect women from getting influenced by women's organisation and corrupt lawyers who ask educated women to file a false dowry harassment case on her loving husband and caring in-laws. How would a woman protect her husband from such misuse of laws ? Even if women want the child to stay with the father, the law still insists the child-custody to remain with the woman.


Women are unable to bear the pain of seeing her children to be deprived of their loving father. Women then starts brainwashing her kids saying that her husband isn't their father and she would introduce her new boyfriend to her kids saying that he is your new father. Isn't this injustice ?


Women are suffering because her husband are not being protected by law.

Only when such biased laws are eliminated then Indian women will be able to enjoy her rights to protect her husband and in-laws.



Contact details of Chief Secretaties of States

Contact details of Chief Secretaties of States




Assam

Chief Secretary : S.Kabilan
Place Code : 0361
Phone : 2261120, 2262258
Fax : 2260900
Mobile : 9435048139
E-mail Address : cs@and.nic.in





Tamil Nadu

Chief Secretary : Lakshmi Pranesh
Place Code : 044
Phone : 25671555
Fax : 25672304
E-mail Address : cs@tn.gov.in




West Bengal

Chief Secretary : Ashok Gupta
Place Code : 033
Phone : 22145858, 22145047
Fax : 22144328
Mobile : 9830033360
E-mail Address : chiefsecy@hotmail.com




Nagaland

Chief Secretary : P.Talitemjen Ao
Place Code : 0370
Phone : 2270082




Maharashtra


Chief Secretary : Navin Kumar
Place Code : 022
Phone : 22025042, 2028762
Fax : 22028594
Mobile : 9821092411
E-mail Address : csomah@bom3.vsnl.net.in




Meghalaya

Chief Secretary : P. J. Bazeley
Place Code : 0364
Phone : 2224801, 2500577
Fax : 2225978
Mobile : 9863021216




Delhi


Chief Secretary : S.Regunathan
Place Code : 011
Phone : 23392100, 23392101
Fax : 23392102
Mobile No. : 9810501172
E-mail Address : csdelhi@nic.in




Uttar Pradesh

Chief Secretary : V.K Mittal
Place Code : 0522
Phone : 2238212, 2221599
Fax : 2239283
E-mail Address : csup@up.nic.in




Himachal Pradesh

Chief Secretary : S.S.Parmar
Place Code : 0177
Phone : 2625941, 2621022
Fax : 2621813
Mobile : 9868217217




Madhya Pradesh


Chief Secretary : Vijay Singh
Place Code : 0755
Phone : 2441370, 2441848
Fax : 2441751
E-mail Address : cs@mp.nic.in




Rajasthan

Chief Secretary : R.K Nair
Place Code : 0141
Phone : 2227254
Fax : 2227114
E-mail Address : csraj@rajasthan.net




Andhra Pradesh

Chief Secretary : V.V Bhatt
Place Code : 040
Phone : 23455340, 23452620
Fax : 23453700
Mobile No. : 9848463300
E-mail Address : cs@ap.gov.in




Kerala

Chief Secretary : Babu Jacob
Place Code : 0471
Phone : 2327376, 2333147
Fax : 2327176
Mobile : 9847029020
E-mail Address : chiefsecy@kerala.gov.in




J & K

Chief Secretary : S.S Bloeria
Place Code : 0191
Phone : 2546773, 2544338
Fax : 2546188
E-mail Address : csjk@jkset.jk.nic.in




Mizoram

Chief Secretary : H V Lalringa
Place Code : 0389
Phone : 2322411, 2322412
Fax : 2322745




Chandigarh

Chief Secretary : Jairsing Gill
Place Code : 0172
Phone : 2740608, 2740740
Fax : 2742488
Mobile No. : 9815616510




Manipur

Chief Secretary : Jarnail Singh
Place Code : 0385
Phone : 2221144, 2220064
Fax : 2222629




Tripura

Chief Secretary : R.K Mathur
Place Code : 0381
Phone : 2323200, 2324392
Fax : 2324013
E-mail Address : Rkmathur97@rediffmail.com




Gujrat

Chief Secretary : P.K Leheri
Place Code : 079
Phone : 3220372, 3250301
Fax : 3243330
Mobile : 9825049260
E-mail Address : csguj@gujarat.gov.in




Uttaranchal

Chief Secretary : R.S Tolia
Place Code : 0135
Phone : 2712200, 2712200
Fax : 2712500
Mobile No. : 9837071563
E-mail Address : rstolia@indiatimes.com




Sikkim

Chief Secretary : S W Tenzing
Place Code : 03592
Phone : 222315, 224323
Fax : 222851
E-mail Address : Cs-skm@hub.nic.in , wtengzing@hotmail.com




Arunachal Pradesh

Chief Secretary : Ashok Kumar
Place Code : 0360
Phone : 2212595, 2211187
Fax :2212446
Mobile : 9436040003




Bihar

Chief Secretary : K A H Subramanian
Place Code : 0612
Phone : 2223804, 2222085
Fax : 2223983
Mobile : 9835063982




Goa

Chief Secretary : D.S Negi
Place Code : 0832
Phone : 2223168, 2225273
Fax : 2225254
Mobile : 9822122433
E-mail Address : dsnegi@goa.nic.in




Karnataka

Chief Secretary : K. K. Mishra
Place Code : 080
Phone : 2252442, 2253716
Fax : 2258913
Mobile : 9844071631
E-mail Address : cs@karnataka.gov.in




Orissa

Chief Secretary : S.C.Pani
Place Code : 0674
Phone : 2536700, 2534300
Fax : 2536660
E-mail Address : csori@nic.in




Chattishgarh

Chief Secretary : A.K.Vijayavargia
Place Code : 0771
Phone : 2221207, 2221208
Fax : 2221206
E-mail Address : skmisra@nic.in




Jharkhand

Chief Secretary : Lakshmi Singh
Place Code : 0651
Phone : 2403250, 2403240
Fax : 2403255
E-mail Address : cs@jhr.nic.in




Pondycherry

Chief Secretary : R.Padmanabhan
Place Code : 0413
Phone : 2335512, 2334145
Fax : 2337575
E-mail Address : cs@pondy.pon.nic.in




Andaman

Chief Secretary : V.V Bhatt
Place Code : 03192
Phone : 234087, 233110
Fax : 232656
Mobile : 9434280102
E-mail Address : cs@and.nic.in




Dadra Nagar Haveli

Chief Secretary : Arun Mathur
Place Code : 0260
Phone : 2230700, 2230770
Fax : 2230775




Lakshadweep

Chief Secretary : S.P.Singh
Place Code : 04896
Phone : 262255
Fax : 262184
Mobile No. : 9447131102
E-mail Address : Lk-admin@hub.nic.in




Daman Diu

Chief Secretary : Arun Mathur
Place Code : 0260
Phone : 2230700, 2230770
Fax : 2230775




Punjab

Chief Secretary : Jai Singh Gill
Place Code : 0172
Phone : 2740156, 2740860
Fax : 2742488
E-mail Address : cs@punjabmail.gov.in




Haryana

Chief Secretary : S. Ahuja
Place Code : 0172
Phone : 2740118
Fax : 2740317
E-mail Address : cs@hry.nic.in

Thursday, November 10, 2005

Kushboo moves HC to stay summons from dist courts



One actress says pre marital sex is common in Tamil Nadu and only a fool will expect his newly wed wife should be a "virgin" !!,

Lots of men complain, get their political parties to fight this actress & there is pandemonium in Tamil Nadu !!

Now another female actress says kushboo is right, and that the entire tamil community has to say sorry to the first one :-)) well.. Well...

Readers may note :

Womens' lib is mysteriously SILENT on this episode

My reading :

Womens' lib is NOT about supporting a female / actress. It's all about bashing men and milking 498A victims


Vinayak




Kushboo moves HC to stay summons from dist courts

http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2005111006860400.htm&date=2005/11/10/&prd=th&

CHENNAI: Defamation proceedings against actress Kushboo, initiated in judicial magistrate courts in Tiruvannamalai and Ariyalur districts by way of private complaints, have been stayed by the Madras High Court.

Justice R. Banumathi, granting stay for four weeks, admitted a petition filed by Kushboo and ordered notices to the respondents on Wednesday.

The matter relates to the private complaints lodged by Kamatchi of Tiruvannamalai district and Muthulakshmi of Ariyalur, stating that Kushboo had degraded their dignity in particular and that of Tamil society in general, by making certain observations about women and the concept of chastity in the modern context. The Tiruvannamalai court had issued summons asking the actress to personally appear before it on November 10.

Seeking to stay the proceedings and the operation of the summonses, Kushboo preferred the present petition, stating she never intended to insult or cause injury to the feelings of any section or community. She sought to quash the proceedings before the magistrate courts.

Support for Kushboo

Amid the development, Kushboo got unexpected support from Suhasini Maniratnam.

At the inauguration of the second International film festival of Tamil Nadu here, the actress reiterated that she stood by her remarks. She claimed they were made in a context while discussing the spread of AIDS.

After Kushboo said she stood by what she uttered earlier, Suhasini, in her address, noted there was nothing wrong in what Kushboo had stated. "I feel what has happened to Kushboo after speaking her mind to a magazine in support of AIDS is a disgrace to the entire Tamil community. On behalf of Tamil speaking people I offer my apologies to Kushboo," she added.

A moved Kushboo went up and hugged Suhasini.

(c) Copyright 2000 - 2005 The Hindu



Nigerian women show their anger and annoyance with men with less than two wives.


http://news.bbc.co.uk/1/hi/world/africa/1011290.stm

Tuesday, 7 November, 2000, 13:42 GMT

Nigerian women appeal for husbands

Divorcees and widows say there is a shortage of men

By Ibrahim Dosara in Gusau, Zamfara State


Economic hardship and early and forced marriages are leading to a large number of divorced women in northern Nigeria. This appears to be causing concern to the authorities in the region.

They warned that the situation may force them to commit crimes against Sharia law. Several state governments have gone as far as lowering the dowry price from a minimum of $1,000 to just $10, so the less fortunate can afford to get married.

Despite this, little progress appears to have been made.

Now a group of divorcees and widows has taken to the streets in Zamfara State to demonstrate against the lack of husbands.

March for men

More than 1,000 divorcees and widows marched round the major streets of the municipal town of Bungudu to show their anger and annoyance with men with less than two wives.

The protesters want such men to come to their rescue by marrying them in order to reduce the number of widows and divorcees roaming about in the towns and villages of the state.

After going round the major streets the protesters went to the Emir's palace where they aired their grievances.

They said the Emir should use his influence to persuade men to increase the number of their wives as part of their contribution to the implementation of Sharia law in the state.

They warned that the situation may force them to commit crimes against Sharia law.

The Emir pledged to support their demands.

One of the divorcees I spoke to told me that since she was divorced 11 years ago only two people had attempted to marry her but neither were serious.

She said many men try and deceive women by making promises to marry them but then change their minds.

A widow told me she lost her husband in a motor accident six years ago and since then no one has attempted to marry her.

Dowry costs

When Sharia law was introduced in the state the cost of marriage with dowries was reduced by the government but many women vehemently refused to comply.

A young man in the state capital Gusau told me his inability to marry was due to economic reasons.

He said men require between $500-$1,000 to marry the woman of their choice and he was not able to afford that amount of money.

Other men I spoke to told me that they are sceptical of taking so-called "second-hand" wives for fear of HIV.

Under Islamic law a man is entitled to up to four wives under certain conditions.

He has to be economically viable, able to provide food, clothing and accommodation to all his wives and to share his love equally among them.

Wednesday, November 09, 2005

Gender Politics

http://politicalgender.blogspot.com/2005/11/feminism-vs-maleism-why-is-there-need.html

Gender Politics




Wednesday, November 09, 2005

Feminism VS Maleism




Why is there a need to dig in the frivolous differences between two genders ? We can’t agree more that both the genders are indispensable and inter-dependent. However, it has becoming more and more vital to bring a real picture on this inter-dependence because of increase in bogus theories on genders. Idle people wouldn’t ask anything more than an opportunity for writing about genders especially on how women have come a long way by particularly mentioning about so-called oppression by men. I wonder what sort of intoxication they experience after glorifying their so-called achievements and falsely condemning men. Lets look at this gender issue from an angle, which women would never dare to look.

Why a man is what he is ? Why a woman is what she is ?

Women are natural bisexual beings and hence they hit it off quite comfortably with other women. Men, on the other hand, breed healthy competition with other men, which hinder their emotional bonding. Since women receive considerable emotional support from other women, the need of support from a man is not intense. Men do not receive the emotional support from other men and hence they crave for support from women. Women bonds with other women so remarkably that they tend to display dispassionate feelings for men. They refuse to accept what men are made of. This is called Feminism. Men are so much deprived of emotional support because of their masculinity status in the society that they tend to display persistent attraction towards women to acknowledge their emotional hunger. Unfortunately, they are given a bad name for acknowledging their natural attraction towards the opposite sex. Unlike earlier times, women have too started to acknowledge their physical wants and condemn men for suppressing women for so long, which has absolutely not rationale. It seems that women are unable to blame their own self for entertaining their mental blocks and feel relieved by blaming on men. Society believes that masculinity are devoid of basic emotions and do not require emotional support, which is an emotional abuse for men. Therefore, people begin to make irrational judgments that men give love to get sex and women give sex to get love. Why can’t this imply that a man can give love but a woman can’t ?

What a man would do if he does not receive that emotional support from another woman especially after acknowledging the unproven norm that men are emotionally stronger too ? What will a man do after observing that woman does not possess the quality that would give him emotional support ? It is too easy for women to judge men especially when men fundamentally don’t display their need of emotional support because of fear of rejection and misunderstanding. Societies norms are such absurd that they would label a man gay if he seeks a support from another man or feeble-minded if he seeks support from another woman. What will a man do in such a situation ? Women most often tend to believe that men do not want to get into a commitment because they believe men crave different sexual partners.

Basically, men are too insecure and cautious of losing thier freedom, which is in fact true after seeing what happens to a woman after she possesses his commitment. Why would a woman want a man to follow all her instructions and fulfill all her wildest demands ? From where this norm was established that a man’s duty is to make a woman happy by all possible or impossible means ? How would a woman defend herself on such emotional abuse that a man goes through all his life ?

Now when women are beginning to achieve their unfulfilled goals and acknowledging their own potentials by completing education and pursuing a promising career, they must now look at the unproven norm from a justified angle. No. They won’t. Why ? Why would they lose such a wonderful opportunity where they could get the best of both the worlds ? They are free to do whatever they want with the whole world present to protect their rights and also enjoy the established norm that man’s duty is to make a woman happy. However, after such a radical transformation in the society, chances of refuting the established norms about men’s duties and rights are remote. Why ? Because the society sees physical strength as a duty towards women. The whole women liberation drama would have been beneficial for women if they had focused on what they want from their own self instead of what they must demand from men. And just to make it appear reasonable, women have begun to move the courtrooms to get their demands fulfilled by men. Why can’t we assume that women liberation is all about getting what women want from men legally ? If women liberation is about being independent then why women want men to support all their whimsical demands ?

Perhaps the gender inter-dependence has come to its saturation and will only decline in the coming years. The picture has already been seen with the increasing divorce, domestic violence, extramarital affairs, incest and many more. Wouldn’t it be necessary to look at the gender differences from both the gender’s view point instead of only women ? Wouldn’t it be realistic to acknowledge the fact that man and a woman are no longer inter-dependent because of coerced incompatibility and societies impractical norms ? From where women have received the rights to torture men’s sensibilities just because he is different from woman ? Why can’t a man be a man ? Why does a woman dislike a man for what he really is ? Why can’t a woman just accept this difference with an open mind instead of ruthlessly exposing men to emotional abuse ? Why does a woman want a man to be like a woman ? Why does a woman want to be free at the same time take away the freedom of a man ? This is Feminism

Would it be asking too much from a woman just to accept a man the way he is ? Masculinity is beginning to appear as a liability for men because they are allotted to fulfilled all the wishes of a woman. Isn’t this an emotional abuse towards men ? It seems that a man is paying a price for being a man and woman is enjoying the rights of being a woman. Does masculinity have to pay such a price that a man is liable to go to any heights to be accepted in the women’s society ? Because of the irrational norms, men are becoming victims of their own masculinity, thanks to feminism for establishing this norm. If a man does not conform to the norm then he is ridiculed and condemned in the society for being harsh towards women. Who has assigned this duty on men of protecting and providing women in all circumstances ? Who says that physical strength entails duty of protecting and providing women ?

The time has come for men to understand that it would be beneficial to reject the desire of emotional support from women. Women have lost the ability to support anybody for that matter and apparently continue to create such vindictive norms to fuel their pride. Its time we men begin to take charge of comforting our own emotional self by respecting our physical body and taste the bliss of freedom. Why can’t we men stretch the boundaries of our achievement and attain knowledge of the unknown ? Wouldn’t it be worth a life to accomplishment something that has never been thought before ? Wouldn’t it be worth a life to tread an unknown path and discover our limits of our potentials ? We men are more than convinced that women can’t satisfy our thirst for knowledge. How would you personally feel if you realized that never before you have thought of attaining a self-fulfilling life ? This is Maleism. If a woman is to procreate then man is to create. Create our own destiny, create a whole new world for our self, create an environment that would catapult us into a realm of self-discovery. Why would men want to continue to be the slaves of their own momentary sentiments which will come and vanish without a trace ? It was always a woman’s world from the outset. Let us all unite by providing emotional support to each other and make it a man’s world. This is Maleism.

Tuesday, November 08, 2005

gender-indian: Unfair expecation leads to divorce

Wife's Lib makes Indian divorce soar – Are they Civilized or Legal Terrorist?? by rup

Check this :-

Full article ;

Wife's Lib makes Indian divorce soar – Are they Civilized or Legal Terrorist?? by rup

WHEN Vishal, a IT Engineer, faced his wife in a New Delhi court yesterday for the final hearing to end their four-year marriage, his wife knew where to pin the blame for breakdown of marriage and promote so called women's liberation.

Simple formula , file a false 498a or dowry harassment case, ensure immediate arrest of the husband and all his married sisters, age old parents, and on the fear of the same STIKE a compromise with a mutual settlement of 20 Lacks. His wife, Sangeeta, 26, is a marketing executive who is a regular visitor to Delhis top most PUB and Disco along with her boy friends. She stays on late at night and comes back come after finishing of at least 4 pegs of Takilia (special drink made for her by the Bar Tender).

Vishal, 28, says he had no problem with her life style but wanted her to come home earlier (before 12.00 Mid Night) to spend some time together. Though he didn't want physical relationship every night, he wished to have it but least once in a month. Is he asking too much ?? He wants to spend some time together for a cup of Coffee together instead of her so called drink Takilia !!!

"I don't mind if she roams around in shorts or jeans when we're with friends, but I expect she should also allow me to wear traditional clothes in front of my own friends and she should not insult me in front of my friends" he said.

But funny enough his wife's complaint is that, her husband does not have any standard and status, he doesn't know how to keep happy a modern working women.

In this line our great writer and feminist Ms. Sohaba de, has taken pain and tried to give some good advice to Indian Men, and here is a sample :

"....Indian marriage is in crisis...More and more young couples are getting divorced..." opines Ms. Sohaba de.

Although no reliable national statistics are available, the number of divorces within the first year of marriage has risen by around 30% since 2000 in Delhi, says a SIF volunteer. Seven out of 10 involve couples aged 25 to 35. Thanks to 498a and proposed Domestic Violence act, where mental harassment, verbal abuse, adulterous relationship, economic abuse etc. are not considered offences if COMMITED BY A dishonest wife, but the same acts are crime if ever commited by an innocent Husband. Irrespective of the reasons, and who is right, maintance and alimony would be awarded only to the wife !!!!

These statistics are all the more shocking considering Indian society's obsession with marriage. Weddings, which often last for days, are both highly expensive and lavish by western standards. Traditionally to be unmarried was to be a circus freak, a divorced man was a curiosity and a divorce was viewed as a painted Jezebel. But such perceptions are changing, even though some 95% of marriages remain arranged.

During the last decade, Indian Husbands were expected to "adjust" to their wifes' demand — a classic euphemism meaning a groom must bend to the will of his modern so called educated wife and in-laws and endure virtually anything short of insanity or depravity, as young, educated, urban Men lack their Self respect and are forced to throw out their own parents to fulfill the Wife's demands.

The new wives are smart. Quite some of them have an MBA, many wear designer clothes, drive around town and sips chardonnay in funky bars. Increasingly economically independent, the wife is no longer prepared to remain in an so called marriage system.

The sad part is that MOST Indian men are NOT ready to accept this reality. Most Indian men feel women are weak. On hearing other mens' stories of arrest and humiliation, their tales of woe with false DOWRY cases, many Indian men think "..some other women would do this legal terrorism, but my wife will not ..". One day these very men land up in the Jail along with all his sisters & age old parents.

"Women are driving the change. They are the ones questioning the old patterns and demanding change, while Indian men still want them to follow some 16th-century model of marital behavior," says Shobhaa De, a former "bonk buster" author whose marriage manual, Spouse: The Truth About Marriage, is soaring up the bestsellers list.

Hats off to Shobhaa De, yes Indian man are still not only in 16 th Century, I think they are far behind that , because they believe in the Principal of Raja Dasharath , who prefers to send his child to the Jungle to fulfil the Commitment to his words to his wife !!!

The onus, according to De, is on men to change. "They have to realize that women no longer need marriage as a security blanket or as a meal ticket," she said. "Women can pay their own way, pay their own bills. What they want now from marriage is respect and equality."

But what Ms. Shobas has conveniently forgotten is that most WIFES want a wholesale free license to abuse their Husband and in –laws. Also forgotten was the question that ".. why maintance / alimony be granted to these divorced women .." IF THEY SOUGHT EQUALITY ?

Many males appear reluctant to move with the times. In a recent survey of men in 11 cities, 72% said they expected their brides to be virgins, but the actual fact is more than 87% girls are not virgin today in Urban society! Asked if they would marry a woman who admitted to having had pre-marital sex, 77% said "No" but the fact is they will get their wife as …. What?? All it needs is some general knowledge to arrive at these conclusions

Ms. Bharti, a Social activist, accuses dishonest women of trying to have the best of both worlds: "It suits them to continue with the old ways when they want to fight the court case.

Whatever these women earn is their won

, The husband does not have a single pie of that. But they want their husband to work because they need a free income for a glamorous lifestyle. The same women hate it when their husband comes home late from the office, and cares just a little for his parents relatives and friends."

The question is how adept are Indian men at the kind of "adjusting" that used to be expected of women. "It's going to very difficult," says De. "They have been mollycoddled for centuries by their mothers and wives. But this is their wake-up call."

What she MEANT to tell Indian men was Clarified by a SIF Volunteer : "Indian men need to enjoy life the way western men do. Marry for 2 or 3 hours and pay her what she deserves. Look at Indian women. They considered all 600 million Indian Men on par with western men, fought for a Domestic violence Act and achieved it's enactment. In present circumstance, if the same domestic violence and cruelty were commited by an Indian woman, she is left scot free. She might even be awarded by Government, a free lincence to continue domestic violence in your home. If the husband tried to object, file a false dowry complaint and he will be thrown out of house, irrespective of his innocence. "

Indian men deserve this law , because they are immature and ignorant of TODAY'S Indain wifes. Even now many Indian men purchase house in the joint name with wife, they buy car in wife's name, throw out the age old parents to please the wife .. They deserve it.. No other way.. "

Wife’s Lib makes Indian divorce soar

http://www.timesonline.co.uk/article/0,,2089-1502387,00.html

Wife’s Lib makes Indian divorce soar



Amrit Dhillon, New Delhi

WHEN Anil Srivastav, a financier, faced his wife in a New Delhi court yesterday for the final hearing to end their seven-year marriage, he knew where to pin the blame for the breakdown: women’s liberation.

His wife, Anjali, 26, is a marketing executive who often works until late at night and travels for her job. Anil, 28, says he had no problem with her career but wanted her to come home earlier to spend time with their six-year-old son. What also rankled was her reluctance to perform puja (prayers) and wear a sari when with older members of his family.

“I don’t mind if she roams around in shorts or jeans when we’re with friends, but I expected her to wear traditional clothes in front of my parents,” he said. “Whenever I asked her to follow any Indian tradition, she’d ask, ‘Why?’ I’m all for working women and I know society is changing, but we have to preserve our culture.”

Indian marriage is in crisis.


More and more young couples like the Srivastavs are getting divorced. Although no reliable national statistics are available, the number of divorces within the first year of marriage have risen by around 30% since 2000. Seven out of 10 involve couples aged 25 to 35.

These statistics are all the more shocking considering Indian society’s obsession with marriage. Weddings, which often last for days, are both highly expensive and lavish by western standards.

Traditionally to be unmarried was to be a circus freak, a divorced man was a curiosity and a divorcée was viewed as a painted Jezebel. But such perceptions are changing, even though some 95% of marriages remain arranged.



For centuries Indian women were expected to “adjust” to their husbands — a classic euphemism meaning a bride must bend to the will of her husband and in-laws and endure virtually anything short of insanity or depravity. But young, educated, urban women lack their mothers’ docility.

My comment here :: The above para shows how most writer's view Indian women. While 1000s if Indian women from Pndt. Sarojini Naidu, to smr. MS subbalakshmi have been independent and contributing to our culture, these new age writers view women as "things" bending to other's will !!. What a shame .. /end of comment





The new woman is smart, has an MBA, wears designer clothes, drives herself around town and sips chardonnay in funky bars. Increasingly economically independent, she is no longer prepared to remain in an unhappy marriage.

My comment here :: Aha !! so the writer has come to another CONCLUSION !! "..unhappy marriage.." So the woman was just ending an un happy marriage, she was NOT CAUSING IT ???? /end of comment




“Women are driving the change. They are the ones questioning the old patterns and demanding change, while Indian men still want them to follow some 16th-century model of marital behaviour,” says Shobhaa De, a former “bonkbuster” author whose marriage manual, Spouse: The Truth About Marriage, is soaring up the bestsellers list.

A short, light, breezy read aimed at the middle classes, Spouse has sold 15,000 copies in a week. De, who claims to have been “blown away” by the book’s success, says: “Indian couples are confused and bewildered. With women changing so radically, the men are really struggling to adapt.”

The onus, according to De, is on men to change. “They have to realise that women no longer need marriage as a security blanket or as a meal ticket,” she said. “Women can pay their own way, pay their own bills. What they want now from marriage is respect and equality.”

Take Alisha Kapoor, 32, who has divorced her husband after four years of marriage because she considers they are temperamentally incompatible and want different things out of life.

“I like stability and a settled life,” she said. “His lifestyle is wild and anarchic and we just couldn’t get along. My parents supported me. My mother told me if I was unhappy I should get out while I was still young.”

Many males appear reluctant to move with the times. In a recent survey of men in 11 cities, 72% said they expected their brides to be virgins. Asked if they would marry a woman who admitted to having had pre-marital sex, 77% said “No”.

Subhashini Ali, a women’s rights activist, accuses men of trying to have the best of both worlds: “It suits them to continue with the old ways. They want their wives to work because they need a second income for a glamorous lifestyle, but they hate it when she comes home late from the office, puts her career first or doesn’t grovel in front of her mother-in-law.”



It is not that Indian women are abandoning all traditional notions. Most women still accept that they will probably live with their in-laws; and many would still not dream of eating before first serving their husbands. Some 78% of young people polled in a survey last year said it was “very important” for their spouses to be accepted by their families.

My comment : another case of half truths. 78% said their families, meaning women's families have to accept the husband. But that doesn't mean that 78% will LIVE WITH THEIR in laws !!. and who are these 78% .. mostly rural women ?? What about the % of cty bred women, sipping vodca in a bar wishing to stay with in - laws ?? was that polled - IN THE CITY ? / end comment



The question is how adept will Indian men be at the kind of “adjusting” that used to be expected of women. “It’s going to very difficult,” says De. “They have been mollycoddled for centuries by their mothers and wives. But this is their wake-up call.”

Monday, November 07, 2005

List of Secretaries and Directors of State Governments/UTs

List of Secretaries and Directors of State Governments/UTs

S.No Name of States Secretary Director
1 Andhra Pradesh Mr. Prabhakar D.Thomas
040-23456852
040-23450008(Fax)
Ms.P.Mallikarjuna Rao
O40-23732587
2 Andaman & Nico Mr. R.P. Pal
O3192-244201
03192-230372(Fax)
Mr.Jack Cephas
03192-233356
03192-235412(Fax)
3 Arunachal Pradesh Shri T.Darang
0360-2212420
0360-2212673(Fax)
Ms. D.Mihu Mallo
0360-2245080
4 Assam Mr.K.K.Hazarika
0361-2261402
0361-2261796(Fax)
Shri.D.K.Baruah
0361-2541169
0361-2560900(Fax)
5 Bihar Shri G.S.Kang
0612-2224742
0612-2221251(Fax)
Smt.Surinder Sidhu
0612-2239707
0612-2226352(Fax)
6 Chandigarh Mr.S.P.Singh
0172-2741142
0172-2741142(Fax)
Mr. Ladhar
0172-2714292
7 Chhatisgarh Shri.S.K.Kujur
0771-2221254
8 Dadra & Nagar Haveli Mr.A.K.Paittandy Shri L.R.Garg
9 Daman & Diu Admn. Dr.M.Modassis Ms.Nisha R.Singh
10 Delhi Shri.R.NarayanSwami
23392075
24647724(Fax)
Shri Jitendra Narayanan
23319419
23388813(Fax)
11 Goa Shri Rajiv Verma
0832-2224801
0832-2226023(Fax)
Shri H.D Mashelkar
0832-223508/2424238
12 Gujarat Shri S.L. Snehi
079-23254259
079-220069(Fax)
Shri N.K Khara
079-228650/258612
079-220508
13 Haryana Shri S.P .Sharma
0172-2711693
0172-2711693(Fax)
Smt.Dheera Khandelwal
0172-2604541
0173-2662070
14 Himachal Pradesh Shri Prem Kumar
0177-2622382
0177-2221902(Fax)
Shri SKBS Negi
0177-222033/2223538
0177-222033/222262(Fax)
15 Jammu & Kashmir Shri G.D .Wadhwa
0194-2452271
Shri Feroze Ahmad
0194-2473761
16 Jharkhand Shri Sukhdev Singh
0651-2403215
0651-2403836(Fax)
Shri K.K.Dhandelwal
17 Karnataka Shri Vinay Kumar
080-22251011
080-22353991(Fax)
Mr.Jayaranraj
080-22252329
080-22252329(Fax)
18 Kerala Shri Lida Jacob
0471-2327499/2518445
0471-2317495(Fax)
0471-2306040
0471-2442887(Fax)
19 Lakshadweep Shri T.M. Balakrishnan
04896-2621121
04896-262278(Fax)
Shri K.I.Sayed Mohammad
04896-262547(Fax)
20 Madhya Pradesh Shri R.N.Berwa
0755-2551259
0755-2576043(Fax)
Shri Rajkishore Swain
0755-2553705
0755-2553054(Fax)
21 Maharashtra Shri Satyabir S.Dodd
022-22027050
022-22828281(Fax)
Shri Debasheesh Chakraborty
022-2756158
022-26127428
22 Manipur Mr.O.Nabakisore
0385-220216
0385-222629(Fax)
Shri Nabhachandra Singh
0385-220033/2320407
23 Meghalaya Shri S.S.Gupta
0364-223580
0364-229239(Fax)
Smt.L.R.Sangama
0364-225187
0364-229359(Fax)
24 Mizoram Shri Lalram Thanga
0389-2340923
0389-2343531(Fax)
Smt. Lalzarliant Hmar
0389-2340860
0389-23440923(Fax)
25 Nagaland Shri K.T.Sukhalu
0370-270289
0370-221839(Fax)
0370-221637
26 Orissa Shri S.P.Agnihotri
0674-2536775
Smt.Anu Garg
0674-2412076
27 Pondicheery Smt.M.Sathyavathi
0413-333271
0413-337575
Shri P.Priytashny
0413-338621
28 Punjob Shri R.L.Kalsia
0172-2742307
0172-2600588
29 Rajasthan Shri Ashok Jain
0141-2227666
0141-25116196
Shri Anurag Bharadwaj
0141-2705561
0141-2705638
30 Sikkim Shri C.Cintry
03692-26151
Smt. Gita Bhutia
03592-22245
31 Tamil Nadu Shri L.N .Vijayraghvan
044-25671545
044-25675183
Mohd. Nasimuddin
044-26425082
044-2426421
32 Tripura Shri N.C. Sinha
0381-2323333
0381-2326036
Shri Chakrabarti
0381-2326033
0381-2324103
33 Uttar Pradesh Shri K.L .Meena
0522-2237157
Shri T.P.Pathak
0522-2283982
0522-2283983
34 Uttaranchal Shri S.K.Muttoo
0135-2712168
0135-2712177(Fax)
Ms. Manisha Pawar
0135-2676483
0135-2672506
35 West Bengal Shri P.K.Agarwal
033-22143216
033-22144012
Sh.Sunder Shekhar
033-23580160
033-23581328/23375782

Personal Thought: Misuse of Anti-dowry Act

http://www.centralchronicle.com/20051020/2010306.htm

Personal Thought: Misuse of Anti-dowry Act


RK Shukla

The then Congress ruled government formulated a law in favour of women to curb dowry harassment tendencies, over and above legal provisions of anti-dowry Act. The dowry customs existed in India in several societies and many of such cases were just copying the traditions of several other families, in a bid to achieve at least equal status, if not higher.

There was no ulterior motive behind the dowries which were given freely and there were no criminal intentions involved but some anti-social elements far-stretched these customary practices in the marriages of bridegrooms and in some cases it assumed the dimension of selling the grooms.

Since these social customs witnessed the ebbs and falls of the social changes in the communities, it was considered to give more protection to the women victims for control of dowries changing hands. Normally the provision of anti-dowry Act were sufficient to tackle the ulterior motives attributed in dowry cases of the society, otherwise.

The overwhelming majority of the erstwhile Congress party in power, at the Centre, went further ahead to equip women against dowry cases, by bringing dowry harassment law where in Section 498-A was enacted.

This empowered the women to invoke dowry harassment provisions not within any reasonable period in life but the provision could attract institution of criminal cases any time in life against the husbands and their parents and even relatives, while the women's deaths within 7 years of marriage are considered to be the cases of dowry deaths.

The husbands are always facing the cruel provision of dowry harassment for the entire life. Not alone their husbands, but their family members can also be dragged into the clutches of dowry harassment law without any fault.

Mostly the women do not go to the police or court for truthful dowry harassment purposes but several other extraneous reasons are the root causes for tabling such cases like:

1) Inflicting cruelty over the husbands and their parents.

2) Blackmailing the husbands and their parents for ulterior purpose of grabbing their self-earned properties.

3) To break the joint family systems by throwing the elderly parents of the husbands in the lurch when they need social, financial security and health security.

4) To feed their egos, the wives resort to any nefarious means by causing humiliation to their husbands and their families.

5) To take revenge due to even minor unwanted events while living with the husbands.

6) Class conflict in which the working women have started considering them to be upper or higher class of the society.

7. Due to local marriages which create undesirable situations when wives do not leave their parents even for a month while the husbands need wives' presence in their houses during religious festivals, social customs and other requirements of conjugal rights.

8. Wives advocating to enjoy social freedom, flirting, roaming with partners of opposite sexes even by hiding their faces by using burkas, if opposed by inlaws.

9. Banking on false, fabricated evil stories against their husbands and family members by self inflicted injuries and implicating the innocent people.

10. To humiliate the non earning privately employed husbands by those wives who, by chance or by backing, got some government jobs even after it being a low category job.

Marriages are designed for social harmony and symbiotic approach in the family for supporting the joint family norms for reciprocal needed assistance to the elderly and the children. But these attributes merely decorate the dictums of the books and magazines.

The hard fact of life has changed the social scenario by these conflicts and dowry harassment laws are misused as legal tools against the husbands and their families. Only one sided inquiry and investigation are conducted by the police. Some cases of political pressure, favouritism, nepotism and monetary gain by the investigating agencies are often seen to surface.

Since dowry harassment cases are rising year after year, many courts including high courts and Supreme Court have observed that most of the dowry harassment caes arre falsely fabricated bearing no truth, just to earn the property of the husbands and their families and other causes as mentioned in the above para.

Several lawyers have sought intervention of the courts for propr relief to the husbands due to this malpractice. It would be not out of place to mention the rulings and strictures of Supreme Court in their judgement published in the Central Chronicle dt 22.07.05 under the captioned title `Supreme Court admits dowry Act harassing'.

Supreme Court observed that merely because the provision is constitutional, it does not give the 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 false and frivolous complaints or allegations can be appropriately dealt with.

Though the object of the provision was to prevent the menace of dowry, the bench agreed with the petitioner that many instances have come to light where the complaints are not bonafide and have been filed with oblique motives.

Sunday, November 06, 2005

GOI : Crime against women declining



http://pib.nic.in/release/release.asp?relid=10493&kwd=dowry

STATEMENT OF MOS(HOME) ON REPORTED INCIDENTS ON ATROCITIES ON WOMEN


Following is the statement made by the Minister of State for Home Affairs, Shri Sriprakash Jaisawal in the Lok Sabha today in response to the Calling Attention Motion tabled by Prof. Vijay Kumar Malhotra regarding the situation arising out of reported increase in the incidents of atrocities on women in Delhi and other parts of the country:-

“At the outset I share the deep concern of the Hon’ble Members of this august House about the incidents of atrocities on women in the country. I would like to assure the House that the Government is fully conscious of the problem and would not spare any effort to ensure security and safety of women in the country.

2. As per all-India statistics compiled by the National Crimes Record Bureau (NCRB), the number of major crime against women such as rape, kidnapping/abduction, dowry deaths, cruelty by husbands/relatives, molestation, Indecent Representation of Women (Prohibition) Act, Immoral Traffic (Prevention) Act and Dowry (Prohibition) Act, reported during the years 2001, 2002, 2003, 2004 and 2005(up to March) was as follows:

2001 - 1,33,935
2002 - 1,32,803
2003 - 1,28,230
2004 - 1,33,865
January to March, 2004 - 30,114
January to March, 2005 - 29,932

3. It may be seen from these figures that in comparison to the year 2001, there was decline in the overall incidence of crime against women in the country during the year 2004. The figures of crime against women for the first three months of the current year also indicate a downward trend as compared to the corresponding period of previous year. However, the figures in respect of all the four years show a mixed trend.

4. The number of crimes against women reported in the NCT of Delhi under the major crime heads of dowry death, rape, molestation of women, 406 IPC relating to dowry, 498 IPC- cruelty by husband or in-laws, Dowry Prohibition Act, kidnapping/abduction and eve-teasing during the years 2001, 2002, 2003, 2004 and 2005 (up to 15st July) was as follows:
2001 - 3,870
2002 - 4,106
2003 - 4,338
2004 - 5,568
January to 15th July, 2004 - 3,042
January to 15th July, 2005 - 2,706

5. The above figures show that in comparison to the year 2001, there has been an overall increase in the incidence of crime against women in Delhi during 2002, 2003 and 2004. The figures of crime against women for the period from January to 15th July of the current year indicate a decline in the overall crime rate as compared to the figures for the corresponding period of previous year. However, it is a fact that there has been increase in rape cases in Delhi during 2003, 2004 and the first seven months of the current year.

6. The Delhi Police has taken effective steps in the recent past to check the incidence of crime against women. These steps include: (i) Strengthening of Crime against Women Cell (CWC); (ii) setting up of Rape Crisis Intervention Centres; (iii) Constitution of Special Session Courts with female judges; (iv) Investigation of rape and other related crimes by Women Police Officers or associating women police with the Investigating Officers in such cases; (v) Undertaking legal awareness and publicity campaigns; (vi) Posting of a lady police constable in PCR Vans patrolling the prominent women colleges; (vii) Posting of plain-clothes police personnel at vulnerable places in the city to curb eve-teasing and molestation and to keep surveillance on criminals; (viii) Setting up Women Help Line No. 1991; and (ix) Constitution of a round the clock “Women Mobile Team” to attend to urgent and distress/emergency calls from women; etc. As a result of these steps, there is greater awareness among women to report the instances of crime.

7. Unfortunately, in spite of these steps taken by Delhi Police, two cases of rape have occurred recently in quick succession. These cases have received wide media coverage. The first case relates to abduction of a girl from Dhaula Kuan and her rape in a moving car in the night of 7/8th May, 2005. In this case Delhi Police has been successful in arresting one of the accused persons. The Delhi Police has taken a number of steps to nab the other culprits. The second case, which was of similar nature, relates to abduction of a woman from Mayapuri and her rape in a moving car on 20th July, 2005. Delhi Police has undertaken a very comprehensive exercise to workout this case.

8. Heterogeneous character of population is one of the factors that influences the incidence of crime in Delhi. There is a positive co-relation between the growth in crime and population of the city. Besides population, other factors like floating population, urbanization and industrialization leading to migration of population from neighboring states, unemployment, economic disparity, decreasing social and family bonds also influence the incidence of crime.

9. An analysis of the data pertaining to rape cases reveals that in the year 2003, 2004 and 2005, in more than 97% cases, family members, neighbours, close friends and relatives, who had clear access to the victim, were involved in committing the rape. Therefore, the problem cannot be solved by Police action alone. Creating social awareness through education in families, schools and colleges would help to improve the attitude of the society towards women. This will go a long way in checking this crime.

10. I would like to assure the Hon’ble Members that the Government will take further steps to improve the sense of security among the women in Delhi.”

OK/AD/MM

The Teflon-Coated Indian


Views IN THIS POST are views of the original author "
Suhel Seth"

The Teflon-Coated Indian

- By Suhel Seth

If you look around, you will observe that very little shakes the average Indian and even more so if he or she is in public life. A corrupt politician like Lalu Prasad Yadav can plant his wife as chief minister; the most corrupt bureaucrat can head a commission for life just so that he occupies a Lutyens’ bungalow; the biggest scamster of a broker like Ketan Parekh can take holidays at Wildflower Hall and people like Dilip Pendse and his ilk can hold their heads high when they have been corporate thieves of the worst kind. Not to mention the glory that people like Sukh Ram attain for their corrupt ways.

It seems that nothing ever matters as long as you can fix the system. I wonder if anything will ever happen to Bal Thackeray’s secretary who ran over some people, or whether Bollywood will ever be cleansed from cocaine and Dawood. It is just as if life in India is destined to go on.

[Note : the original author is absolving Natwar !, Not me !!]
Which is why I cannot understand all the fuss about Natwar Singh. All said and done, I do not believe Natwar Singh is corrupt at all: nor do I believe he is the kind who would do what he has been accused of doing. But Natwar’s biggest enemy is Indian society. We have become so used to seeing our political leaders turn out to be corrupt rogues that we will punish Natwar until he is proven innocent.

There is no question that the average citizen is truly disgusted with the system. You have an absolute clown like Deve Gowda attack Narayana Murthy and then you have all of industry which does precious little to rally around him in support: much in the same manner when people like Anu Aga and Deepak Parekh were isolated when they attacked the genocide that Narendra Modi unleashed in Gujarat. It is this complete lack of responsibility that is galling. No one cares because we have already decided, in an almost fatalistic way, that things will not improve. It is this Teflon coating that will leave India gasping for breath in the years to come.

Our political system is already in shambles: we have puppets in posts that are meant for people with integrity. You have family retainers being appointed governors of states and people like Buta Singh are anathema to any form of good governance.

Will this rot ever be stemmed? Media is taking positions that it can barely hold onto. There are more plants in Indian newspapers than perhaps in greenhouses. Journalists are getting richer by the day and not all of them have left to start a new channel so what on earth is truly happening? Post the article I wrote praising some Delhi schools, I was severely castigated, for the same very schools are actually in the business of accepting money for seats and parents have no choice but to submit to this kind of extortion. Then you have luminaries like Pandit Birju Maharaj who say they will not move out of government accommodation simply because they are eminent. Can they, for once, be honest too?

The saving grace as far as administering this country is concerned is the succour provided by the courts, or else even in terms of basic governance we would have collapsed. We have a strange situation about worrying as to when Ghulam Nabi Azad will be the next chief minister of Jammu and Kashmir, rather than worrying about all the help that is needed when people are dying post the quake. It is a series of accidents that we live our lives through and yet something seems to keep us going.

Our children are growing up with the same set of values. The I-can-get-away syndrome has afflicted us all. I see more and more young people concerning themselves only with the end and never with the means, which in other words is yet another nod at creating social mishaps as long as you get the desired results. There are companies in India, which are doing more for their promoters than their shareholders, and you have organisations like the SEBI turning a blind eye.

Sometimes I wonder if anything at all can affect us: just about any thing. We are a nation that has invented human Teflon and I guess that is what is helping us stay alive. I don’t know, what this Teflon will do to our values though, but then again, is that really important in the end game as it were?


The double-edged rape-ier

http://dnaindia.com/report.asp?NewsID=8337&CatID=1

The double-edged rape-ier

Seema Kamdar

Friday, November 04, 2005 00:37 IST

Case 1: A minor girl from Malad recently alleged that a gym instructor had raped her. But later, cops found no evidence to suggest that the youth had sexually abused the girl. The case is under investigation

Case 2: A bar dancer in Nerul accuses a policeman of raping her. Police say evidence suggests that the woman had a relationship with the accused and sex was probably consensual

Case 3: An executive in a Delhi PR company spent two months in Tihar jail for rape. Later, investigations established that he was having an affair with the woman for two years and she wanted him to marry her. When he refused, she filed rape charges which she later withdrew as `false'

Case 4: During the 2004 World Social Forum, a South African judge of Indian origin, Sirajuddin Desai, was accused of rape by a fellow delegate from the same country. The sessions court later let him off after she withdrew her complaint and circumstantial evidence hinted at consensual sex

Case 5: In Bhayandar last year, a 17-year-old girl falsely accused her father of rape

In common parlance, it is called a false complaint. Legal eagles call it malicious prosecution.

While rape laws in the country are justifiably stringent, recently a few cases have indicated that the law can be misused, and has end up damaging lives in profound ways. So, if the girl is found to have filed a false complaint, what is the remedy available to the accused, who, ironically, then becomes the victim?

But do the police act?

The general perception is that the cops don't act. But lawyers say there is no reason why the police should not ruthlessly pursue cases, which have been proved to be false. The police are duty-bound to file a final report in every case, which falls into one of the three categories:

`A final': Says the case is true but undetected (the case is left dormant till evidence possibly emerges at a later date)

`B final': Says the complaint was false (it could be followed up by prosecution of the complainant)

`C final': Neither true nor false.

Yet, there are a few cases where a false complainant is brought to book. In one instance, dating back to the prohibition, a tenant who had falsely implicated his landlady for drunken misbehaviour found himself at the wrong end of the stick when the police detected his complaint to be bogus. He was prosecuted and convicted.

Former DGP S S Puri, a law expert as well, says false complaints are more an aberration than the norm. Police say most false complaints fall under a few laws meant for weaker sections of society like Section 498 A of the IPC (dowry cases), Protection of Civil Rights Act or the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Crying rape is not that rare
While on one hand, rape remains a highly under-reported crime, on the other, there are instances of women seeking personal vendetta by crying rape. In the last year alone, there were two such instances reported in the city. But can a minor be sued by the police or by the aggrieved party?

Yes, say some lawyers. Section 82 of the IPC grants unconditional immunity to a child below seven years of age. However, the next section, 83, says, "An act of a child above seven and under 12 of immature understanding: nothing is an offence which is done by a child above seven years of age and under 12 who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion."

This indicates that anybody above seven years, and with a sound mind, can be prosecuted for an offence. However, offenders under 18 years will be prosecuted by the juvenile justice board.

Advocate Shrikant Bhatt is of the view that anybody of whatever age can be prosecuted for filing a false complaint. "For IPC offenders, it doesn't matter if he or she is a minor or major," he says. He/she does not even get the protection of section 82 and section 83."

Public prosecutor Rohini Salian, who represents the police in courts, however, says minors can be sued only as a juvenile under the Juvenile Justice Act before the Juvenile Justice Board. "Most of these cases, if convicted, end up in a remand home," she says. "The conditions in remand homes are far from ideal for corrective therapy."

A better option therefore, says advocate Raju Moray, is to introduce the idea of community service for offenders as is done in the US.

Why arrest an accused unless there is prima facie evidence?
The arrest of the gym instructor has also raised a crucial point of law: is it necessary to arrest any person named in a cognisable complaint? Lawyers claim police jump the gun and promptly arrest an accused in cognisable offences. As a result of this trend, many resort to misuse.

"I know an elderly couple who has been blackmailed by their son and daughter-in-law to sell their house for fear of being arrested by the police in a false dowry case," says Moray.

Police admit to a certain degree of misuse. And the fact that police often act promptly on such complaints encourages their misuse, feel lawyers.

"It is not imperative for the police to arrest an accused on the basis of a complaint," says Bhatt. Section 157 of the IPC says if the police receive information about a cognisable offence, it "should proceed to the spot, investigate facts and circumstances of the case, and, if necessary, take measures for the discovery and arrest of the offender."

Cops, however, dispute this point. "We are damned if we do and damned if we don't," says a senior police officer. "Take this girl's case. Had we not arrested the gym instructor, there would have, probably, been a huge women's morcha to the police station."

Another police officer points out that in a complaint of rape it is important to arrest the accused. "How else can we conduct a medical examination or interrogate him?" Most importantly, SC judgments clearly prescribe arrest "in prima facie serious cases".

Section 177
A false complainant can be prosecuted for knowingly furnishing false information to a public servant "regarding the commission of an offence." The section provides for a two-year jail term or fine or both. However, the police cannot start investigations under without a magistrate's permission.

Section 182
The victim can also seek recourse to Section 182 of the IPC, which deals with giving false information to a public servant in order "to cause him to use his power to injure or annoy anybody". The sentence for this offence is maximum imprisonment of six months or fine or both.

Section 211
This section goes a step further and slaps a punishment of the same description on a false complainant that would be applicable on the accused had the charge been proved.

Section 376
Rape carries an imprisonment of not less than seven years extending up to life and a fine. This provision is invoked in a false charge of offence meant with the intent to injure in such a manner that gets criminal proceedings launched against that person. Proving the "intention" of the complainant holds the key.

Section 499
Apart from police action, the aggrieved party can also file a criminal case for defamation, under Section 499. The punishment in the latter case could go up to two years in jail, along with a fine.

Section 203
A multi-causes civil suit for damages under the head of defamation causing trauma, shock damage to a career is also possible. Another provision that could be invoked on a false complainant is Section 203, which deals with giving false information concerning an offence.

Wednesday, November 02, 2005

Stop Child abuse under Single Parenting System


One more article at PTI , and vote for rating
Full article:-
Stop Child abuse under Single Parenting System.

Swarup Sarkar

BEING a child under single parenting is no easy task. Handling the Study, finance, hose hold work, finding a job and handling parents is as challenging as it could get.

But, there are an increasing number of wifes who do not brother about the child's future and prefer to throw the children under "Single Parenting System" to meet their own so called comfort, freedom, support for "Feminism" and to teach a lesson to their husbands. All this is possible thanks to our LAW makers creating sections 498A, or acts like DV act and the so called Anti dowry LAWs. By using these the wifes are getting huge amounts of money as maintenance and alimony. Recently Supreme court of India has described the misuse of anti dowry law as “ Legal Terrorism “

Basically all these LAW Kill the Institution of marriage in India. You can see the marriage rate in US is less than 40! % , In Ireland less than 2 % , and some people are working hard to bring about the same situation in India too :-( .

Another Step to Kill the Institution of Indian Marriage System - Part -2

http://indiatalking.com/blog/swarup/1308/

Biggest Challenge:-

“Maintaining a great relationship with your mother and father is very important for the emotional stability of the Kids “. States Mr. Praveen Walia, President of PSS who is working for Gender Equality and Family harmony.

Arjun , 16 years old studying in a Boarding School says , “ For me the greatest Challenges was going to a Boarding School at age of 6 years . It can be overwhelming since the decision was made by my beloved mother alone, without a concert from my father. Yes, she had got 15 lacks from my father as a full and final settlement, but in the mean time she had ensured that my father should not meet me for rest of the life.”

Sweeta a 19 Years old Girl studying recently got the chance to meet her father as her father came back to India after leaving his job in US and now she meet her father .every day.

She says, “Still I remember when I was a small child, I used to beg to my mother to talk to my father, but she used to tell me the story of “Birds and Bees “and try to explain me how bad my father is, some time she used to introduce her own boy friends to me as a father, but in my heart I never accepted any of them. When I meet my father first time and understand that my mother had grabbed his three properties in Delhi and sent him to jail for a week by using a 498A case , I shuddered. .How can she does this ? She thought that my father will never come back to India and she will be able to convince me how bad he is. But today I came to know, who is right and who is wrong, I will never ever forgive her in my rest of the life. "

ALL MINES: -

An Energetic Supreme court Lawyer Mr. Mahesh Tiwari, says, “Due to one sided and barbaric LAW like 498A! and proposed DV act, where complaint are accepted without proper evidence, though the girls get a huge settlement, in the process the Child suffers most. In this case the wife's attitude changes, and she acts as if she is the primary care giver to the child. Single mothers feel over- possessive and over protective. As a results children feel abused, assaulted and when he/she came to know the actual truth, the single mother get back all the emotional harassment. After all money can not buy the love and respect.”

The Final Word:-

All psychiatrists emphasize the importance of having other central figures in the child’s life, like grandparents, friends, etc. who share the responsibilities of the child. Also, it’s imperative to have a healthy open relationship with the child, and very much required to maintain a healthy relationship between the separated couple. But a lot of single mothers fail to maintain a healthy relationship, once 498A or anti dowry law used to get a huge monetary settlements.

http://www.indiatalking.com/blog/swarup/1326/

Indian Parents and Pregnant Sister are in Jail !!!

Now the question is , why our LAW makers do not brother for the Child's mental welfare and why are they encouraging the Single parenting system ??

Because, the child can not give the threat to the LAW maker in terms of a Hunger strikes, Suicide threats nor are children a vote bank for them

But it is the responsibility of citizens of this country, including the IIT, IIM grads. IT engineers and successful Industry people to decide, and act if the Government makes any such LAW which will kill the institution of marriage and encourage "Single Parenting System".

We have to wait and watch, is there are really honest people in media or other social activists, who really care to stop child abuse or only brother to increase the violence by permitting dishonest people to continue with their acts in the name of Women well fare.

Marriage is a Civil contract and the LAW related to marriage needs to be a Civil LAW. The responsibility of the happy married life depends on both a husband and wife.

Will our Law maker accept & amend the LAW related to matrimonial disputes, replacing the word husband or wife to a “spouse" ? (As
both a husband and wife are equally capable of verbal abuse, mental harassment, adulterate relationship and economic abuse )

Let wife and husband take equal responsibility, and get punishment or benefits.

A Crime is a crime and punishment should be the same irrespective of gender, caste or religion.

We wonder how many of us accept this and support to stop the single parenting system!!!


Why Alimony is Wrong

From
http://misformalevolent.blogspot.com/2005/08/is-for-alimony-part-ii-or-why-alimony.html
with credits to the original author

A is for Alimony Part II - or - Why Alimony is Wrong

Alimony is wrong.

Note that I don’t phrase this as a question – this isn’t a game show, although many men are in ‘jeopardy’. Still, for many, it is a question – some people just don’t 'get' that anything could be wrong with the concept or execution of alimony. In fact many consider it misogynous to verbalize the idea that alimony might be wrong. Once, when I commented that my well-compensated ex should just get on with her life, one of my lawyers said: “All men say that.” No tiptoeing around PC language like; ‘higher wage earner’, no, my lawyer said it the way it is – men pay alimony and women collect it, and men don’t like it. But let’s get to the point of my post – that Alimony Is Wrong. That Alimony is Wrong needs to be explained to the world, in very simple language that can be understood by all. So, getting to it:

Alimony Is Wrong Because:
Alimony is a form of slavery:
If you get divorced, earn more than your ex spouse, are a man and get a divorce you will be paying a significant portion of your income to her against your will for years – without the choice to change careers and earn less (oh, you can change careers, but the courts will ‘impute’ your prior income to you and take the alimony out of your salary before it hits your bank account). This is slavery. Wikipedia defines slavery as follows: “Slavery is a condition of control over a person, known as a slave, against his or her will, enforced by violence or other forms of coercion. Slavery almost always occurs for the purpose of securing the labor of the slave.” It goes on to note that ‘Chattel Slavery’ is a specific form where the slaves can be bought and sold. So short of being bought and sold, alimony makes men slaves. The Constitution’s Thirteenth Amendment has the following to say on slavery: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Very simply, Alimony is Slavery, and against the human rights specified in the Constitution of the United States.

Alimony is Involuntary Servitude: The Department of Justice notes on involuntary servitude that US Code specifies that it is “unlawful to hold a person in a condition of slavery, that is, a condition of compulsory service or labor against his/her will.”, and further requires as a definition of Involuntary Servitude: “that the victim be held against his/her will by actual force, threats of force, or threats of legal coercion”. They continue to note that the US Code “[…]prohibits compelling a person to work against his/her will by creating a ‘climate of fear’ through the use of force, the threat of force, or the threat of legal coercion.” They couldn’t have described the process of enforcing alimony and child support better if they had put their mind to it. -Title 18 USC Section 1584

Alimony and Child Support are “Debt Servitude” or “Peonage”: A debt is the requirement that an individual pay a sum of money, and tying this debt to labor that you require an individual to undertake in order to pay off this sum is peonage under the US Code. When a court in addition imputes a man’s income, attaches to his wages, and takes more than 10% of his income (65% being what the court is allowed to take in NJ), without recourse being allowed to bankruptcy, it becomes an even more obvious. Clearly Alimony is Debt Servitude/Peonage. -Title 18 USC Section 1581


Divorce Agreements Specifying Alimony are Unconscionable Contracts: An unconscionable contract is a contract that is “so unfair to a party that no reasonable or informed person would agree to it.” Clearly any contract that reduces one party to involuntary servitude or debt servitude must be considered unconscionable. To prove this, lawyers usually try to prove that the contract was signed under duress, undue influence, or unconscionable bargaining. Duress includes threats of imprisonment (hmm, sounds familiar) and threats of withholding or taking money or goods in exchange for payments or signatures (this is also a pervasive element of divorce). Undue Influence seems moot in a court system where the Judges are trained to ignore men's rights, and men are assumed to need to pay. I think it is fair to presume that undue influence is present in alimony, because the man really has no choice but to sign the divorce contract. Unconscionable Bargaining is where one party did not understand the consequence of signing the contract. Mostly at the divorce agreement stage, men understand too well, but have no choice (duress) – but their fate was sealed at another signature point – the marriage contract signing point. I think it is fair to argue that men paying alimony in general did not understand the implications of marriage when they got married, and in most cases would not have done so if they had known the very real and mechanical outcome of the failure of their marriage. In this way, a foundational agreement that is presumed in the divorce agreement is a product of unconscionable bargaining. So in several ways, divorce agreements specifying alimony are unconscionable contracts.

Alimony is Chauvinist in Effect – Discriminatory Against Men: The vastly overwhelming majority of alimony-payers are men, and it is well known and admitted that divorce laws relating to alimony and division of property are applied differently depending on who the sex of the higher wage-earner is. This is against our guarantee of equal rights in the constitution.

Feel free to add your own reasons, and I will return to add more myself. But for now…

-Good Evening and Best Wishes
-M

Tuesday, November 01, 2005

2000 dead in Iraq ! How many in "Divorce" ??


From :
http://hatemalepost.blogspot.com/2005/11/s-is-for-suicide.html
with credits to the original author

S is for Suicide

This blog entry is based on one composed for MIsForMalevolent on Thursday, August 18, 2005, but which needed revisiting due to the criticality of the subject matter. I have revised the original post quite a bit to make the points clearer, and added a lot of emphasis and even some math. Don't be scared. Just adding, subtracting, and multiplying. ...Take deep breaths... You'll be fine.

If you are moderately familiar with the topic at hand...

...which is the treatment of men by our society...

- you probably have wondered how men can survive the crushing depression that they must feel while struggling with a strongly biased legal system that is eager to enslave them.

Well, many men don’t survive it.

Suicide rates for men and boys are already much higher than those for women and girls – with 75% of all suicides being committed by men - over 22,000 men per year. (The rate is 80% in Canada, perhaps reflecting their system, which is often even more abusive of men. )

And suicide rates for divorced men are even higher than that - divorced and separated men are TWICE AS LIKELY to commit suicide as other men, per the study "Marital Status and Suicide in the National Longitudinal Mortality Study" by Augustine J. Kposowa, Ph.D., at the University of California at Riverside. CBS News covered the report in some detail here.

The study showed that being single versus being married made no difference in suicide rates.
- Simply 'being married' does not provide singificant mental health benefits relating to suicide.

Even more tellingly, for women marital status, married, single, separated or divorced, made NO STATISTICAL DIFFERENCE in suicide rates.
- So somehow, divorce affects men in a much more significant way than women. One wonders what that way could be...

Previous to this study, increased rates of suicide for men had been explained away by claiming that significant mental and physical health benefits were to be had from married life, and by 'congitive differences' between men and women - women purportedly spending more time 'processing' their problems and thinking more 'inclusively' than men, Well Dr. Kposowa's research has exposed that canard, (wait, let me speak plainly:) that misandrous, shovenist tripe for what it is.

Let's take a moment and really reveiw those numbers, which we will extrapolate using the published rough perecentages in the CBS news article:

Total Suicides: 30,000 per year
Men's Suicides: 22,500 per year
Women's Suicides: 7,500 per year
Divorced/Separated Men's Suicides: 14,850 per year.

Hmm. I wonder how many men committed suicide outside of a divorce/separation.
...Well, I know how to subtract, lets see...

Non Divorced/Separated Men's Suicides: 7,650 per year.
Wait... that's approximately equal to the number of suicides for women.

So it seems reasonable to guess, that if it were not for the way men are treated in divorce, those 14,850 men PER YEAR would still be alive.


One can only wonder what value the approximately 148,000 men killed by divorce over the last decade would have added to our country if they had not been driven to suicide by our country's misandry.

Imagine the hundreds and hundreds of thousands of children growing up over the last decade without fathers, brothers, sisters and parents bereft of their son or brother. Men who died for the crime of getting married to the wrong person.

The total loss is mind-numbing.

Dr. Kposowa's study; the first study that cared enough about men to look at the details of why men kill themselves; shows us that if you hear about a man committing sucide the odds are better than 2:1 that he is either a divorcee or going through a divorce.

Suicide is a dramatic and extreme way out of a very bad situation. -A way out that few would choose.

The significant increase (2:1) in suicides following a divorce for men is very significant.

These men are the canaries in the coal-mine of our family court system. They are literally dying to tell us something, and apparently that something is about... Divorce.

SO NOW COMES THE BIG QUESTION:

What is so terrible about divorce that men would kill themselves to escape it?

The answer is simple: Slavery. To quote Adrian Banks' article on suicide and divorce:

So what is the main cause of [divorced male] suicide? […] The answer to this question is not that difficult, but before someone can accept the truth of the main causes of suicide, one must first accept the truth that slavery is just as much an institution today as it has been throughout history. The more oppressive and cruel the enslavement, the more suicides there will be among the enslaved classes of society. Why do you think that, in pre civil war times, slaves were kept in the holes of ships and not allowed on the decks? Simple, it kept the slave trader's precious cargo of labor from jumping into the ocean. As Winston Churchill stated during World War II, "it is better to perish that to live as slaves." […] In a divorce situation today, there need not be any legitimate grounds thanks to no fault divorce. A man can be a hard working fellow who supports his family and loves his children, but if his wife decides to divorce him, there is nothing he can do.

Kposowa cites "financial obligations," in explaining the preponderance of divorcees amongst male suicides noting that "The courts in the United States are in a position now whereby money is given to the woman, or the man is forced to pay alimony, child support. The man is also asked, in some [perhaps most] cases, to vacate the house."

Kposowa also notes: "If a man loses custody of the children and the woman keeps those children, there are situations whereby she may not allow the man to see the children, and that causes some depression." -No kidding.

Suicidal divorced men are merely slaves leaping from the decks
– consider the facts:

  • Most marriages end in divorce – over 60% by my numbers.
  • 66% of these are initiated by the wife and few of them for abuse or any real fault. -No-fault divorces are initiated by women three times as often as by men.
  • The courts award physical custody to the man about 3% of the time – the odds are 40 to 1 against the man winning physical custody.
  • Truly shared custody is so rare that the courts don’t even know how to calculate support for it – their spreadsheets don’t support it. They have to fill out one for the father as primary, and one for the mother, and then average the two. - I believe that loss of access to one’s children and alienation are key factors in male suicide.
  • Women commonly interfere with the visitation rights of the ex husband. 75% of men complain of this behavior, and 40% of women admit it. If one assumes complaints are lower than the actual number of abuses, the numbers must be staggering.
  • Add the loss of the vast majority of the marital assets and the house, and everything that the man has worked for, financial contributions being where men are expected to excel, and what they are supposed to judge themselves by, and you have taken away a lot of the reasons that men have to live.
  • Add alimony and child support, all while not being allowed to co-parent your own children.
  • Add to all this the fact that the state’s machinery grinds very finely – loss of a job, ‘underemployment’, and bankruptcy are good enough reasons to lose almost any debt, but not alimony and child support, no, these continue unabated, plus penalties and legal fees.
  • And if our poor man is unlucky enough to lose his job, or become ‘underemployed’, then the legal system in many of our states, including NJ, will take 60-65% of his income, even unemployment, irregardless of what his spouse is earning. Imagine, a spouse with a $150,000 salary, collecting 65% of the income of a man scratching by on $405 per week unemployment, or a $40,000/year job. NJ would do it in a heartbeat. I bet they already have.

So divorced men have good reason to be casting themselves from the decks.

Having lost their wives, their children, their assets, and finally their ability to earn a living, and being relegated to permanent poverty, divorced men are killing themselves in record numbers - over 15,000 men per year, killed by divorce.

Our job is to support them, and encourage our government to notice, and care.

-M


(simulposted on MIsForMalevolent- oh, and it wasn't really posted at 9am, I just knew I would be 'OOT' today.)

Related posts:
Why Alimony is Wrong
Other Ways Alimony is Like Slavery
Further Bankruptcy Rights Revoked for Men - Making Divorce Even More Like Debt Servitude
P is for Paternity - or how to catch yourself a slave
D is for Divorce - 'the financial haircut club for men'
D is for Dance of Death - a bit on Perry Manley and others

See The State of Fatherhood for more information
If you feel suicidal, the divorce info page on suicide might be a good place to look.
I also recommend looking at Swallowed by a Snake.

ORIGINAL POST AT http://hatemalepost.blogspot.com/2005/11/s-is-for-suicide.html posted by MisAnDrope

It’s the law, no kidding

http://www.hindustantimes.com/news/181_1529470,00120002.htm

It’s the law, no kidding


Platform | Elizabeth Kuruvilla

October 25, 2005

I was baptised a Christian a few months after being born. Then, my shrill wail of protest was against my bare rump being on public display for an unceremonious five minutes as I was being dipped into the ‘Holy Pond’. Thirty years later, I still stand exposed on account of my religion.

No, this is not belated angst over the Dangs affair. It is a more ‘personal’ issue I have with the Government of India.

My government tells me that I don’t have any say in reforming my community. Okay, not in so many specific words. But for more than a decade, the Christian community of India, without exception of denomination, has been petitioning the government to reform its personal laws — those that govern ‘family’ matters like marriage, divorce, adoption, inheritance, etc.

Sounds exactly like something that the authors of our Constitution would have given a rousing applause to. Where they wanted the “State to endeavour to secure for the citizens a uniform civil code”, here was a community laying out the red carpet for the government, without prejudice towards other minority communities who value their personal laws. But the Congress, the United Front and the NDA governments have all responded with a nervous shuffle, and a shrug.

In the event, if my husband (a Hindu who converted to Christianity because of a youthful whim of ours to marry in a particular Mar Thoma Syrian Christian Church atop a hill in Kerala) and I now want to adopt a child, one of us has to become a Hindu, Buddhist, Sikh or Jain. If we fight too hard on who gets the privilege to convert this time round, and I then decide that I want out of the marriage, I will have to accuse my husband of adultery. Queer, isn’t it?

Besides making a mockery of religion itself, this makes one question what business one’s personal choice of god or faith has in a secular country’s legislative and judicial process.

Yet, it is true that the premium of parenting an orphaned child presently rests with those of the above-mentioned four religions, who are governed by the Hindu Adoption and Maintenance Act (Hama) of 1956. Those of the minority communities, including Christians, Muslims, Jews and Parsis, have to abide by the Guardians and Wards Act (GWA) that was established in a bygone era of 1890.

What this essentially means is that GWA gives an adoptive parent only the guardianship over the child. The child concerned will have no claim over the property or the name of the family, and the parents will have no claim over the child after it crosses the eighteenth age of reason. Hama, incidentally, gives an adopted child all the rights accruing to a biological child.

A notice issued by the Supreme Court recently to the Centre to correct this anomaly — on a PIL filed by Shabnam Hashmi who, being a Muslim, is the ‘guardian’ of a girl she’s been raising for more than eight years — can thus be put to good use. Not only does this give the government a chance to frame a uniform law on adoption, but in the process, many other problems with the present set of laws can also be set straight.

Partly in response to the longstanding demand for a uniform code, the Juvenile Justice (Care and Adoption of Children) Act, 2000, included adoption of abandoned and abused children within its purview. This Act removes the guardianship limitation in the GWA. It also allows people to adopt more than one child of the same sex (this is forbidden under Hama). Despite these positive aspects, however, the JJ Act has perhaps added to the confusion arising from a plethora of legislations on the subject.

A new comprehensive legislation could thus streamline the process of adoption. So cumbersome and time-consuming is it at present — accentuated by the lack of coordination between the various agencies involved — that adoptive parents, especially if they are foreign nationals, are known to have given up their jobs and mortgaged their homes before finally being allowed to carry back their ‘trophy child’.

The State’s concern for the well-being of children being adopted outside the country is not misplaced. After all, incidents of the type that came to light recently in Andhra Pradesh, where a licensed adoption agency was reportedly buying children from their biological parents and selling them at a ‘profit’ to foreigners, (another story) are common. But the fact remains that there are well over 12 million destitute children in India, and there are more foreigners genuinely interested in adopting them than Indians themselves. It would be unfair, then, to completely ignore their concerns.

Now that the Supreme Court has thrown the ball in the Centre’s court, it’s to be seen whether the government will give up its stance of acting solely in its own interests. If that doesn’t happen, for my husband and me, a wedding in church with a view (that doesn’t even allow the groom the flourish of kissing his bride, as my husband disappointedly realised too late) might be a cross we’ll have to bear all our lives.

Asia News © HT Media Ltd. 2005. India News

Definition of "Rape" nay !! "Sexual assault"

Definition of "Rape" nay !! "Sexual assault"

  • Everyone's on an expansion mode these days :-)
  • I understand that NCW wish to expand the definition of rape and consider bodily contact as rape.
  • Well gentlemen, just imagine !! What will happen to all the nari's traveling in crowded city busses and trains and men forced to have bodily contact due to LACK OF SPACE .
  • These "..bodily contacts.." are WITHOUT anyone's consent except the angry driver slamming the break !! common women... take a break - I mean a normal break !

What's in a name ?

  • It's ok to call a rape as a sexual assault or call it anything till such time the following are guaranteed (i.e.)
  • In every case of rape or so called rape or so called sexual assault the women is subject to forensic examination and it is clearly established beyond reasonable doubt that penetration has taken place
  • It is ALSO established BEYOND reasonable doubt that the said penetration / sexual assault / "..you name it what .." had taken place WITHOUT the lady's consent and against her will (all the six clauses) mentioned under section 375 of I.P.C.
  • Is the NCW ready for forensic examination IN EVERY CASE ? Hush hush ...

Moral policiing... here we are


"...Buying sexual favours (from sex-workers) should also be considered sexual assault..."

That means all the men visiting such ladies are "..raping them.." as buying sex = sexual assaul => which anyhow is the new name for rape !!!

The issue is as follows.

  • Man needs woman. That's physiological.
  • But many women these days don't seem to need men or sex within marriage and they want marital sex to be considered as possible rape ? Ref : "....The draft law includes 'marital rape' under the section of sexual assault, thus recognising that rape can occur within marriage and should be punished as such....."
  • Some men who are unmarried or divorced or rejected by wifes or falsely charged with marital rape will also have such requirements. That is also physiological
  • That's why world over you have places for men and women to buy such favours, be it las vegas or phuket..
  • But now NCW wishes to stop that even !!

Cross Examination

  • Now ... Now .. Now.. NCW wants deposition through video to avoid CROSS EXAMINATION
  • did I see FEAR about cross EXAMINATIONS and the truth coming out ?
  • What a mockery ? They want criminal cases to end without cross examinations ... oops what next ? death penalty without trials ?
  • Who said Saddam is history ?

Full story below


http://www.indianexpress.com/full_story.php?content_id=81110

Monday, October 31, 2005

Replace rape with sexual assault in IPC, says NCW

Meeting: Word ‘rape’ is derogatory to women, say members

AASHA KHOSA

Posted online: Monday, October 31, 2005 at 0118 hours IST

NEW DELHI, OCTOBER 30: Replace the word ‘‘rape’’ with ‘‘sexual assault’’ in various sections of the Indian Penal Code (IPC). This was a major recommendation made at a meeting, sponsored by the National Commission for Women (NCW), held here yesterday to finalise the review of ‘‘rape laws’’. Women activists at the meeting said the word ‘‘rape’’ was derogatory to women.

The Home Minister, and the police chiefs of all the states yesterday endorsed the recommendations drafted by the NCW. The recommendations, considered okayed, would be sent to the Centre for making amendments to the relevant laws.

Home Minister Shivraj Patil had shown interest in the draft prepared by the NCW in consultation with women’s groups. As such, there is no single law to deal with this ghastly crime against women in India, and cases are dealt under various sections of the law.

But a representative of the National Commission for Scheduled Castes told the conference that ‘‘making changes in the IPC would not make any difference and women’s groups should instead try for a specific bill on the lines of laws meant for protecting SCs and STs, to deal with atrocities on women.’’

The key changes suggested by the NCW are:

• The definition of rape should be widened and not be restricted to vaginal penetration. One suggestion was that oral and anal penetration, or even body contact, should be considered ‘‘sexual assault.’’

• Sexual assault should be punishable with a minimum of 10 years in prison and a maximum of life term.

• The age factor should be looked into more carefully in abduction-cum-rape cases as existing law is very often misused by rapists.

• Buying sexual favours (from sex-workers) should also be considered sexual assault.

• Video and audio recordings of the victim’s statement should be admitted in court as evidence to save her from embarrassing ‘‘cross examinations.’’

• Investigation and trial of the victim should be a time-bound affair and public servants held accountable for any lapse.

However, a grey area of the proposed changes was a clause dealing with homosexuals. In India, homosexuality is illegal and many participants of the meeting questioned a recommendation (dropping section 377 of the IPC) that would make it legal. But NCW chairperson Girija Vyas said that ‘‘this was not intended’’ and she would look into it before forwarding the recommendations.

American Psychological Association Presidential Task Force .....




The "American Psychological Association Presidential Task Force " has this to say on "How Much Do(Es) Emotions Influence What Professionals Know And Do" .....







American Psychological Association Presidential Task Force on Violence And The Family





HOW MUCH DO EMOTIONS INFLUENCE WHAT PROFESSIONALS KNOW AND DO ABOUT VIOLENCE IN THE FAMILY? 





".....Service providers and researchers who deal with family violence often feel torn as they try to maintain professional attitudes and responses at the same time that they feel outrage, disgust, fear, and sadness because of their constant exposure to personal stories of abuse.  



Family violence elicits very strong feelings. Even professionals trained to respond to trauma sometimes experience vicarious and secondary traumatization from repeated exposure to the effects of family violence through their clients. Dealing with their own intense emotions has not always been recognized as part of therapists' professional experience, and they have been trained to remain 'neutral.' Consequently, they become uncomfortable and concerned when they have the natural feelings that occur when working with violence victims. In such situations they may 'tune out' the effects of violence just as victims do, minimizing the seriousness of the event and signaling the limits of emotional tolerance. But the intense feelings that arise when dealing with violence issues actually provide clues that something is wrong indeed.  ....."





It concludes saying ... 





".....If professionals have too little emotion and compassion, they are not able to help the victims. If they have too much emotion, they are overwhelmed by the magnitude and intensity of the problems.  ..."





Now my questions are




What happens when a woman councellor faces a divorce case or a false DOWRY in India. ?



Is she neutral to both men and women ? What happens if she is young and already fighting with her mother in Law ? or worse still sympathysing with Daughters-In-Law in general ? ?



How can a NON judicial / NON legal process - called "councelling' precced a "Judicial" process called Divorce case / divorce suit ?



Diwali (The festival of lights)

http://www.angelfire.com/ok5/livermore/

Diwali (The festival of lights)

Every year throughout the world, all Hindus celebrate Diwali (or Deepavali), the Festival of Lights with great pomp and enthusiasm. The festival is celebrated by young and old, rich and poor, all alike to ward off the darkness and welcome the lights into their lives. This is the great festival honoring Mother Sri Maha Lakshmi Devi (the Goddess of wealth) and it symbolizes the unity in diversity, as every state in multi-lingual India celebrates Diwali in its own special ways.

When Narakasura was killed by Sri Krishna and his wife Sathyabama, all those who suffered under him were overjoyed. Having led a life of darkness until then, both internally and externally, they celebrated the occasion by lighting lamps. The human being is a composite of man, beast and God, and in the inevitable struggle between the three for ascendency, one must ensure that God wins, suppressing the merely human and the lowly beast. Since Narakasura is the personification of all the traits of character that obstruct the upward impulses of man, this festival of Diwali is to express gratitude at the defeat of naraka tendencies in man, which drag him down from divinity.

It was on Diwali day that Sri Rama's coronation took place after his victorious return to Ayodhya from Lanka, vanquishing Ravana and his Rakshasa brood. For a long period Ayodhya had been plunged in darkness when Sri Rama was in exile in the forest. The return of Sri Rama was hailed by the people of Ayodhya as the return of divine effulgence and hence they celebrated the event by the lighting of lamps everywhere.

Diwali is the day on which Lord Vishnu in His Vamana incarnation sent the Emperor Bali to the Pathala lokha, after He got the promise of three feet of ground (measured by the Lord's foot) from Bali. Vamana used the gift of three feet of land to put down the Ahamkara (egoism) of Bali. Diwali is a festival which is designed to celebrate the suppression of the Ego by the Higher Self. Man is plunged in the darkness of ignorance and has lost the power of discrimination between the permanent and the evanescent. When the darkness of ignorance caused by Ahamkara (the ego-feeling) is dispelled by the light of Divine knowledge, the effulgence of the Divine is experienced. Diwali is also the day on which Emperor Vikramaditya ascended the throne.

The Vedic message of “Tamaso ma jyotir gamaya” (from darkness unto light) is given through the festival of Diwali to all peoples of the world. During the night of Diwali the myriads of little clay diyas (lamps) seem to silently send forth Diwali messages: Come let us remove darkness from the face of the earth. This is not the work to be done by one diya or by one individual. It requires collective effort. In the diffusion of light, the question of high and low is forgotten. This is the lesson taught by both small and big diyas.

Also, the flame of one lamp can light the whole array of lamps. That one lamp symbolizes the Paramjyothi (supreme effulgence). The others symbolize the Jeevana Jyothis (light in individual selves). Diwali is celebrated in order to teach this truth to the world. People celebrate this festival by bursting firecrackers signifying the victory of good over evil. Diwali falls during dark period of a year. While most of us pray during this time, negative practices are also prevalent during this time. The best way to dispel negative influences is to light candles, or as is the practice amongst us Hindus, Diyas. Why is the fire worshipped by all the religions in one form or another? While water finds its level by moving downwards, fire does quite the opposite. Even if you hang a lamp upside down, the flame will rise upwards. Even if a lamp is kept in a pit, the flame is directed upwards. Human nature tends to be like water, flowing to lower levels. The flame that we light reminds us to soar upwards. The ancients have taught that the upward movement of the flame denotes the path to wisdom and the path to divinity.

Where there is darkness, light is needed. What is this darkness? Sorrow is one form of darkness. Peacelessness is another. Loss is another. Disappointment is one form of darkness. Misery is yet another. Lack of enthusiasm is another. All these are different forms of darkness. To get rid of the darkness of sorrow, you have to light the lamp of happiness. To dispel the darkness of disease, you have to install the light of health. To get over the darkness of losses and failures, you have to usher in the light of prosperity. If the darkness of ignorance is to be dispelled, man needs a container, oil, wick and a matchbox corresponding to what an external lamp needs. For man, the heart is the container. The mind is the wick. Love or devotion is the oil and vairagya (sacrifice) is the matchbox. When you have these four, Atma-jyothi (the Divine flame of the Spirit) shines effulgently. When the light of the Spirit is aflame, the Light of Knowledge appears and dispels the darkness of ignorance. Light a lamp that is ever shining within you. Feed it with the oil of Love/devotion; have steadiness as the wick. Let the lamp illumine every minute of your life. Carry that lamp wherever you go. It will light your path wherever you may be. Its splendor will drive away darkness from outside you as well as from inside you. You will spread joy and peace among all who come near you.

May we attain perfect inner illumination. May the Supreme light of lights enlighten our understanding. May we attain the inexhaustible spiritual wealth of the eternal, all pervading Self. May we all prosper gloriously on the material as well as on the spiritual planes.

So this Diwali, as you light Diyas, ponder upon its flame's spiritual nature. It will not only beautify and brighten your home or Temple , but will remind you of the transformations that it is meant to bring within you.