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Avoid any interaction with women- new proposed laws

Page no : 2

Kiran Kumar (Lawyer)     06 August 2009

good contributions by every member.

 

but m unable to understand who contemplates such laws........with due respect to women, why a range of multiple pro-women laws has been created.

 

why our legislators have not been able to c the misuse....last evening i read opinion expressed by SC on 498-A IPC which says kicking does not invite S.498-A IPC and various other aspects were also dealt with....now this judgment is going to raise another debate.

 

and if observed its been our female politicians who are creating this situation just for their own personal interests.

 

another aspect, we Indians espacially the middel class have gone so materialistic that we do not give honour to human emotions...if money, big house, cars and other wordly temptations are parameters of good marital relationship then to hell with marriage....its better to be a bachelor.

 

this thought applies on both the sides may be groom or bride.

 

the above said proposes amendment is nothing but to promote gender divide.

Rajesh Kumar (Advocate)     14 August 2009

You are right Kiran, gender devide is the next big thing- socially, economically, politically.


(Guest)

With all due respect to each Ld. members here I fell that "educating" a litigant by the very fraternity which defends "her" case is a must and will go a long way improving the larger mindset of the very gender which is asking for more and more empowerment and thus ending up in stalemate situation.

Eg. Irecently sent RTI to Delhi Police asking stats of no. of cases filed in last 1 year at various PS in Delhi concerning 498a and astonishing result is some 20,000 + cases. We all know what could be the conviction rate coming out of these 20 K cases after say 4 years of shelf life of 498a case. In between add trauma of 2 months old child put behind bars / old parents behind bar and what nots. Post 498a acquittal add another 2-3 years of both gender coming out of litigation and trying to find a mate (thoughts of second marriage) now add by that time only in Delhi how many more cases would have been filled and so on so forth. Result at the end in society would be more and more un-married women and men with a social stigma of past DV Act / 498a cases litigation with big question mark arranging their respective marriages and where all these leads to in terms of evolving a healthy society / culture called India? It is all failed Gender Laws of the West cropping into Indian mindset with more and more amendments and nw Bills introduced which all breaks INDIAN FAMILIES nothing else.

Indian social fabric is very delicately balanced and both views are bound to be misused is what I feel without blaming anyone.

It is high time that "Frivoulous" and "Vexatious" Litigation Bill is presented before Parliament to become an Act. It is also high time "Court Stamp Fees Act " is amended from present miniscule Re. 2 or so on national average to file most of these gender related suits.

At the end I call upon Ld. great faternity of councels community to atleast try to educate their litigants on pros and cons of misusing these gender biased laws as being responsible citizen of free Republic of India.
Rgds.

Rajesh Kumar (Advocate)     15 August 2009

Well, presently there is no "con" of misusing laws in India. I am not aware of a single case where any person has been ever convicted of falsely prosecuting anybody or giving false evidence in a court (perjury). Indian laws do not give any compensation for unjustified arrest or prosecution. There is no "con" of misusing laws- it is pros only.

Thus it is good strategy in Indian context to file false case. False criminal cases are still better as the case shall be prosecuted by the state at tax payers money. When the laws gives such benefit to people, more and more people have started availing the benefits.

The situation is not likely to change drastically as it is probably the state itself which is biggest abuser of legal provisions. If we try to devise a system of compensation to innocent accuseds, state will end up paying huge compensation in various cases, not being 498A cases.

The laws has always been abused in India. There has always been false prosecution. It is just that with the intordution of gender biased laws like 498A etc., the middle class if feeling the heat of false prosecution- earlier it was felt by poor only who had no voice- and hence we are having some discussion on abuse of laws now a days.

 


(Guest)

Sh. Rajesh Kumar ji,

With highest regards kindly refer citation Chandra Shashi Vs. Anil Kumar Verma 1995 (I) SCC 421 which to best of my reading Law as laid down by Apex Court is the first conviction case till date on "con" grounds. The award on conviction in this path breaking Judgement was only for two weeks but yes Apex Court did sound a way for others to follow.

Yes, I do subscribe to rest of your and other Ld. members thoughts here. Thanks it was anice discussion initiated here.

Rgds,

Rajesh Kumar (Advocate)     15 August 2009

Thanks for the information.

However, such conviction is merely an exception- and exceptions prove the rules.

Parthasarathy (Business)     15 August 2009

 

The REAL problem, as much as the gender-biased laws themselves, is the LACK OF AWARENESS among males - and even much of the legal community - about them.

 

While women organisations have the sympathy of the media and go around conducting mischievous 'awareness' campaigns, propagating the misuse of the laws, men have no such group to create any awareness. The judiciary and media are prime targets for their brainwashing activities.

 

The AWARENESS of the increasing tendency of women groups to get ahead AT THE COST OF the basic rights in the life of men, is the NEED OF THE HOUR.

 

 

Legal Techie (Men's Rights Activist)     17 August 2009

Originally posted by :Rajesh Kumar
" This is national meet of save indian family foundation. It is expected that around 30000 persons may reach shimla. "

 

Reality: "...More than 100 men, representatives of 30,000 other harassed husbands from across the country, will converge..."

NOT 30000, but about 100 meet in Shimla... representing 30000.

Rajadiraja (Advocate/consultant )     04 September 2009

Yes, there is a gender bias.  There are multiple acts favouring women which are grossly misused; eg., D.V Act - needs to be scrapped.  High time the law ministry realises the plight of innocent men folk and bring in some judicial reforms in this area.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 September 2009

GOOD CONTRIBUTION BY ALL MEMBERS, I APPRICIATE...


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