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Page no : 4

Sudhir Kumar, Advocate (Advocate)     25 November 2015

Originally posted by : Rocky Smith



Originally posted by : Sudhir Kumar



PLI should be filed to the eradicate the root cause.  the dowry related laws should be so severe that let the legs of all thos etremble who knowingly attend marriages and have free lavish meals, some of them get milnee also(which at times consists of gold)if they know that the excessive dowry is being given/taken.

 

the same way in which I would fear to attend d funeral where sati is going to be committed.

 

filing PIL against symptoms is no use.

 

when malady is not there the laws prohibiting the same become redundant. 





 

I understand that dowry law is a pious law. Only the misuse of it is legal terrorism. I would like to eradicate the misuse of it since I have already shown you above that biased feminized laws and views are unconstitutional.  

 

I know 90% of men of West Bengal do love marriage only and hence don’t take any single rupee dowry. If girl’s father wishes to give any presents then it is accepted for that girl’s welfare only. Not for any lavish meal.

 

Now the question is, who is responsible for this misuse?

 

Ans: - Only the STATE (Represented by corrupted Judges, Police officers and Public prosecutors) is responsible. Private advocates are also tied up with them and created a vast extortion racket. It is our responsibility to stop.

 

Mr. Sudhir Kumar,

 

if you still think that these are constitutional then please give your expert comments based on constitutional law.

 

Comments based on mere imputation is out of jurisprudence.

 

your profile and contirbutions to this thread do give a reasonable fear that you are running a club for enhancing toture of women in India.  I cannot give support to the same.

 

You believe that every one accused of 498a gets a devine bliss of being able defending n person.  Reality is far away.

 

I have seen some persons approach this forum claiming to be falsely charged under 498a but the descripttion o ffacts in their own words gives indication that they derserve to bein jail.

 

Howsoevere high may be the misuse of these laws it is woman only who is at receiving end and the laws need to be more severe.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 November 2015

Originally posted by : Sudhir Kumar



Originally posted by : Rocky Smith






Originally posted by : Sudhir Kumar



PLI should be filed to the eradicate the root cause.  the dowry related laws should be so severe that let the legs of all thos etremble who knowingly attend marriages and have free lavish meals, some of them get milnee also(which at times consists of gold)if they know that the excessive dowry is being given/taken.

 

the same way in which I would fear to attend d funeral where sati is going to be committed.

 

filing PIL against symptoms is no use.

 

when malady is not there the laws prohibiting the same become redundant. 





 

I understand that dowry law is a pious law. Only the misuse of it is legal terrorism. I would like to eradicate the misuse of it since I have already shown you above that biased feminized laws and views are unconstitutional.  

 

I know 90% of men of West Bengal do love marriage only and hence don’t take any single rupee dowry. If girl’s father wishes to give any presents then it is accepted for that girl’s welfare only. Not for any lavish meal.

 

Now the question is, who is responsible for this misuse?

 

Ans: - Only the STATE (Represented by corrupted Judges, Police officers and Public prosecutors) is responsible. Private advocates are also tied up with them and created a vast extortion racket. It is our responsibility to stop.

 

Mr. Sudhir Kumar,

 

if you still think that these are constitutional then please give your expert comments based on constitutional law.

 

Comments based on mere imputation is out of jurisprudence.

 





your profile and contirbutions to this thread do give a reasonable fear that you are running a club for enhancing toture of women in India.  I cannot give support to the same.

 

You believe that every one accused of 498a gets a devine bliss of being able defending n person.  Reality is far away.

 

I have seen some persons approach this forum claiming to be falsely charged under 498a but the descriptttion o ffacts in their own words gives indication that they derserve to bein jail.

 

Howsoevere high may be the misuse of these laws it is woman only who is at receiving end and the laws need to be more severe.

 

Mr. Sudhir Kumar,

 

Sorry to say that, your arguments don’t belong to the subject for the matter and out of jurisprudence. I am closing my arguments here. Thanks for your time.

Saurabh (Sr Consultant)     03 March 2016

Nice arguments in and against 498A. Both sides presenting their views. 

I have few points here.

- 498A is a redundant law and biased one because there are other neutral laws available for protection of both men and women.

- Before feminism struck our country, we got to see harassment and violence from both sides. i.e. on one side the wife was harassed by the husband and in laws. BUT there was equally another side where the wife along with the help of her relatives used to harass the good husband and his relatives. Feminists very clinically vagued out this "another" side and started projecting only the wife as the victim. This constant biased lobbying by feminists and women using foreign fundings led to birth of the infamous 498A and DV acts. 

https://indiafacts.org/lobbying-funds-for-gender-specific-laws-via-fcra/

Thus, one side was completely deprived of justice and in turn was a victim of grave in justice when these unscrupolous women got weapons in their hand to further torture the innocent husband and family, spoil their lives, drag them to court and extort money. Sucides among such men and their family increased manifold.

Thus, I do not buy the argument that only women were oppressed.

- Baised Laws like these are just a tool to extort money from men and their family. Just remove the maintenance and alimony from these laws and see how many actually file these cases. I am sure 50-60% cases will be reduced. Thats why even SC declared it as legal terrorism.

- The misandric mindset of our society is becoming a grave danger to men. We are so utterly concerned about women and their safety where as men and their well being are being pushed under the carpet. Each year around 8 lakh ppl commit suicide in the world. Out of those around 1 lakh only men commmit suicide in India. No one is bothered to find out. Why??

 

Thus, Mr Rocky I completely agree with your step. Please file this PIL with extensive study. Get all possible views and ensure it is a check-mate against biased laws. You will be doing a great help to man-kind.

 

Saurabh.

Saurabh (Sr Consultant)     03 March 2016

Nice arguments in and against 498A. Both sides presenting their views. 

I have few points here.

- 498A is a redundant law and biased one because there are other neutral laws available for protection of both men and women.

- Before feminism struck our country, we got to see harassment and violence from both sides. i.e. on one side the wife was harassed by the husband and in laws. BUT there was equally another side where the wife along with the help of her relatives used to harass the good husband and his relatives. Feminists very clinically vagued out this "another" side and started projecting only the wife as the victim. This constant biased lobbying by feminists and women using foreign fundings led to birth of the infamous 498A and DV acts. 

https://indiafacts.org/lobbying-funds-for-gender-specific-laws-via-fcra/

Thus, one side was completely deprived of justice and in turn was a victim of grave in justice when these unscrupolous women got weapons in their hand to further torture the innocent husband and family, spoil their lives, drag them to court and extort money. Sucides among such men and their family increased manifold.

Thus, I do not buy the argument that only women were oppressed.

- Baised Laws like these are just a tool to extort money from men and their family. Just remove the maintenance and alimony from these laws and see how many actually file these cases. I am sure 50-60% cases will be reduced. Thats why even SC declared it as legal terrorism.

- The misandric mindset of our society is becoming a grave danger to men. We are so utterly concerned about women and their safety where as men and their well being are being pushed under the carpet. Each year around 8 lakh ppl commit suicide in the world. Out of those around 1 lakh only men commmit suicide in India. No one is bothered to find out. Why??

 

Thus, Mr Rocky I completely agree with your step. Please file this PIL with extensive study. Get all possible views and ensure it is a check-mate against biased laws. You will be doing a great help to man-kind.

 

Saurabh.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 March 2016

Yes Saurav, I will do. I wish you will also do the same. 

Sudhir Kumar, Advocate (Advocate)     26 May 2016

Originally posted by : Saurabh
Nice arguments in and against 498A. Both sides presenting their views. 

I have few points here.

- 498A is a redundant law and biased one because there are other neutral laws available for protection of both men and women.

- Before feminism struck our country, we got to see harassment and violence from both sides. i.e. on one side the wife was harassed by the husband and in laws. BUT there was equally another side where the wife along with the help of her relatives used to harass the good husband and his relatives. Feminists very clinically vagued out this "another" side and started projecting only the wife as the victim. This constant biased lobbying by feminists and women using foreign fundings led to birth of the infamous 498A and DV acts. 

https://indiafacts.org/lobbying-funds-for-gender-specific-laws-via-fcra/

Thus, one side was completely deprived of justice and in turn was a victim of grave in justice when these unscrupolous women got weapons in their hand to further torture the innocent husband and family, spoil their lives, drag them to court and extort money. Sucides among such men and their family increased manifold.

Thus, I do not buy the argument that only women were oppressed.

- Baised Laws like these are just a tool to extort money from men and their family. Just remove the maintenance and alimony from these laws and see how many actually file these cases. I am sure 50-60% cases will be reduced. Thats why even SC declared it as legal terrorism.

- The misandric mindset of our society is becoming a grave danger to men. We are so utterly concerned about women and their safety where as men and their well being are being pushed under the carpet. Each year around 8 lakh ppl commit suicide in the world. Out of those around 1 lakh only men commmit suicide in India. No one is bothered to find out. Why??

 

Thus, Mr Rocky I completely agree with your step. Please file this PIL with extensive study. Get all possible views and ensure it is a check-mate against biased laws. You will be doing a great help to man-kind.

 

Saurabh.

498A is a redundant law and biased one because there are other neutral laws available for protection of both men and women.

 

No a law become redundant when no more required.  This law is still required because there is still rampant dowry demand and harassment of woman for the same.

The law is not redundant rather inappropriate for the purpose.  It is  a pious law and is misused like any other criminal law.  This law read with DP Act and DV ACt  is not able to achieve the objective. It is weak law and should be more effective.  The evil can be eradicated by uncompromising laws law Sati Prohibition Act.   The law should be cognizable and police should have power to come forward without complaint of the lady.  The persons in society those tremble even to attend a marriage where they know that dowry is being given/demanded. In Indian marriage a lot of relatives of groom side are given lavish gifts by bribe parents and they are shown in video. Police should have power to include all of them as accused even if not named in complaint by the victim lady.

 

Sudhir Kumar, Advocate (Advocate)     26 May 2016

Originally posted by : Saurabh
Nice arguments in and against 498A. Both sides presenting their views. 

I have few points here.

- 498A is a redundant law and biased one because there are other neutral laws available for protection of both men and women.

- Before feminism struck our country, we got to see harassment and violence from both sides. i.e. on one side the wife was harassed by the husband and in laws. BUT there was equally another side where the wife along with the help of her relatives used to harass the good husband and his relatives. Feminists very clinically vagued out this "another" side and started projecting only the wife as the victim. This constant biased lobbying by feminists and women using foreign fundings led to birth of the infamous 498A and DV acts. 

https://indiafacts.org/lobbying-funds-for-gender-specific-laws-via-fcra/

Thus, one side was completely deprived of justice and in turn was a victim of grave in justice when these unscrupolous women got weapons in their hand to further torture the innocent husband and family, spoil their lives, drag them to court and extort money. Sucides among such men and their family increased manifold.

Thus, I do not buy the argument that only women were oppressed.

- Baised Laws like these are just a tool to extort money from men and their family. Just remove the maintenance and alimony from these laws and see how many actually file these cases. I am sure 50-60% cases will be reduced. Thats why even SC declared it as legal terrorism.

- The misandric mindset of our society is becoming a grave danger to men. We are so utterly concerned about women and their safety where as men and their well being are being pushed under the carpet. Each year around 8 lakh ppl commit suicide in the world. Out of those around 1 lakh only men commmit suicide in India. No one is bothered to find out. Why??

 

Thus, Mr Rocky I completely agree with your step. Please file this PIL with extensive study. Get all possible views and ensure it is a check-mate against biased laws. You will be doing a great help to man-kind.

 

Saurabh.

498A is a redundant law and biased one because there are other neutral laws available for protection of both men and women.

 

No a law become redundant when no more required.  This law is still required because there is still rampant dowry demand and harassment of woman for the same.

The law is not redundant rather inappropriate for the purpose.  It is  a pious law and is misused like any other criminal law.  This law read with DP Act and DV ACt  is not able to achieve the objective. It is weak law and should be more effective.  The evil can be eradicated by uncompromising laws law Sati Prohibition Act.   The law should be cognizable and police should have power to come forward without complaint of the lady.  The persons in society those tremble even to attend a marriage where they know that dowry is being given/demanded. In Indian marriage a lot of relatives of groom side are given lavish gifts by bribe parents and they are shown in video. Police should have power to include all of them as accused even if not named in complaint by the victim lady.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     26 May 2016

Nice conclusion by Sudheerji for a rather lenghthy academic query by a student.

Saurabh (Sr Consultant)     26 May 2016

Don't agree with Mr Sudheer. He conviniently ignored the plight of the other side. Since, there is no section in law to deal with crime against men and thier family, how do we get the correct stats on how many men are suffering in marriage!!

Crime is being done on both sides. But, he sticks to punishing suo moto only to one side. His statement gives a feeling that only women are the citizen of this country and are precious but men are just to be used as work horses devoid of any rights.

Fighting injustice with injustice wont make any good. If suo moto steps are to be taken , let a neutral law be formed and whoever is harassing the other party ( be it husband or wife) be punished by law. That will bring in real equality in the society.

AMAN KONARK MODI   17 June 2016

DR BHIMRAO AMBEDKAR SAID IN CONSTITUTION ASSEMBLY "AT THE END ANY CONSTITUION IS PROOFED TO BE GOOD STILL IT IS FRAMED VERY BADLY, IF PEOPLE WHO ARE GOING TO USE ARE GOOD AND JUDISOUSLY USED IT" OR "AT THE END ANY CONSTITUION IS PROOFED TO BE BAD STILL IT IS FRAMED VERY GOOD, IF PEOPLE WHO ARE GOING TO USE ARE BAD AND NON-JUDISOUSLY USED IT"

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 June 2016

Article 14 (Right to Equality) is a founding faith of the Constitution. It is indeed the pillar on which rests securely the foundation of our democratic republic and, therefore, it must not be subjected to a narrow, pedantic or lexicographic approach. No attempt should be made to truncate its all embracing scope and meaning, for to do so would be to
violate its magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits.

 

Hence any bised laws like 498A, DVA, 125 CrPC are unconstitutional. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 June 2016

AMAN KONARK MODI   20 June 2016

CONSTITUION OF INDIA ARTICLE 15 (3)

15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. 1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.] 2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.]


Attached File : 356657 20160620124013 885372582 coi 4march2016.pdf downloaded: 29 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 June 2016

@ AMAN KONARK MODI,

 

If you read my above link, arguments of this thread and read the following two judgments carefully then you will understand that your highlighted under Article 15 clause 3 confers no power to the Indian Government to narrow down or truncate rights conferred by Article 14 of Indian Constitution. 

 

1) Maneka Gandhi vs Union Of India on 25 January, 1978 

 

2) E.P. Royappa v. State of Tamil Nadu & Another [1974] 2
SCR 348 applied.


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