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Man fighting for harassed husbands fined 1L by HC Read more

Page no : 2

(Guest)

Vah vah Ram ji.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 November 2010

 

 

It is sad to hear the order of HC.The judges seems biased.As per the National Crime Control Bureo about 98% cases of women harrassment are false and conviction is only in 2% cases.Supreme Court itself has remarked many times that these laws needs to be changed as they are not balanced.

The only way is to file petitions which these judges are blocking by giving biased orders.

 

Dont worry now you can file geniune petitionswithout any fear from these biased judges.The text is given below for acting fast with total sincerety:

 

 

Petition praying for amendments in Section 498A of IPC.

By : Legal Fighter on 28 November 2010 Print this

 



 

Petition praying for amendments in Section 498A of IPC.

**********

The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.

2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees Standing Committees Committee on Petitions Petitions with the Committee.

3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.

4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.

5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.

 
Source : Rajya Sabha Web-site, https://164.100.47.5/newcommittee/Petitions/Committee%20on%20Petitions/498%20IPC%20English.pdf

 

1 Like

Legal Wizard (Advocate)     29 November 2010

V Good Bhasker! the problem needs be addressed in the grass root level! No law should be misused and innncent punished! The disscussion needs broad consensus among the public at large!

Santhosh (Manager)     29 November 2010

Such a shame on our courts. How can justice be denied to the needy. We have seen many cases where women misuses the law for their ulterior motives. All they require to harass a man is a complaint ! With that, even though the man is innocent, his life gets spoiled. This is ridiculous and the courts cannot be blind over such instances. Unlike other criminal cases, the onus of proof lies with the accused is the most interesting part. A woman can just walk away with an allegation. It becomes the head ache of the man to prove it otherwise. And if he has proved his part right, he still has no damages that can be claimed. A good number of years would have passed by then making the man, a total loser. Woman would be enjoying her life all the while.

I think Supreme Court had pointed out this many a times after which nothing has happened till date.

There are many genuine cases where women are getting harassed by men. We dont disagree. But on the other hand there are some unscrupulous elements in the society who makes use of anything and everything and gets people into trouble.There has to be an end to it.

Be it men or women - justice cannot be denied.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 November 2010

 

 

 

  

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 Petitions should cover following points in addition to any other relevant points:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

              Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are seceding because of these biased laws.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rajesh Kumar (Advocate)     30 November 2010

This is a fit case for Public Interest Litigation. More so it has been filed by a public spirited organisation, who is working to propagate the cause. Without going into the merits of the PIL, when a PIL is filed by some public spirited organisation, it should be heard and decided.
From the media reports, it appears that court was saying that the PIL is for amendment in laws, of which court in not empowered. The logic is baseless. In numerous instances, courts have asked government to enact laws. In fact in numerous instances courts have enacted laws themselves. The whole basis of s*xual harassment laws is SC judgment in case of Vishakha Case. I can give hundreds of examples of court enacted laws..
The other issue is violation of fundamental rights. Right to life include right to reputation, right to livelihood..... false prosecution of men violate their right to reputation and livelihood and results in undue harassment of right to life of men. False prosecution is a blatant violation of right to life guaranteed to every man by the Constitution of India. It must be understood that fundamental rights are guaranteed not only against executive actions, but also against legislative actions. Thus if a law, DV Act in this case, is violating some fundamental rights of a group of people (male gender in this case), the group has every right to move the court to challenge the laws, or seek appropriate direction to the government to stop such violation of fundamental rights.
In view of these, this judgment is erroneous. Further, by directing payment of coost to be made to a feminist organisation, is adding salt to injury.

3 Like

Syed Adbul Khader Jeelani (Advocate 9642388507)     01 December 2010

Its again proved that men's are fettered to fight for their right or atleast strive to protect the traditional culture of marriage in india. It seems that judge does not like praising of women as godess so penalised. For women the insertion of Sec 498A in IPC in 1983 may not have proven to be satisfactory so the domestic voilence Act. For a single offence to avenues are open for action. Its unfortunate the supporters of the judgment might not have tasted the so called women godess right of protection.

Rajesh Kumar (Advocate)     02 December 2010

To get first hand information of the case, I talked to Shri Dashrath Devda. We are convinced of his cause and feel that he is doing the right thing. We are also convinced that the judgment is erroneous and must be appealed against Supreme Court. We have assured him all the support in persuing the matter in the Supreme Court, if he so decides.

I request all Men's Rights Activists to talk to Shri Dashrath Devda (+91 9925834516) and give your words of encouragement to him. Your words of encouragement is the only strength on which such struggle for justice is being made all over the world.

1 Like

Legal Wizard (Advocate)     02 December 2010

If any one can send the e-mail id of Shri Dashrath Devda it would be good!

Rajesh Kumar (Advocate)     02 December 2010

crimepennews@yahoo.com

Dinesh mehta (fresher)     06 December 2010

Ashutosh BhartiyaI am Online
(Self)

Jamai Of Law

 Prabhakar
(Advocate)


 Taani
(not working)


 

Sorry for my words guys but have u seen ostrich.. ?? it puts his head in sand and  happily proud of him--nobody can see me ..--these guys are like that.

All we know females are misusing laws to harrase husbands in full throttle and no remedy to it in present time except being haraased or being "jorru ka gulaam"... i know different persons have different opininons but in my view the above mentioned guys ( i am not sure they are boys or girls, but if husbands and not "gar jamai" ) should think it as bad news, as one man is fighting for laws to make gender neutral, and judge jisne chudia paheni hai--usne without thinking ek hi jatke mein use utha ke fek diya --to  us bechare ko support karne ki bajaay judge ka decision good bata rahe hai..( i don't say ke men ki favour karo, but i say us aadmi ki favour karo jo injustice ke khilaaf lad raha hai and trying to make laws gender neutral)

All these

Dinesh mehta (fresher)     06 December 2010

sorry for stong reaction guys

Avnish Kaur (Consultant)     06 December 2010

this man shud be hanged till death , but no such provision exists in law ... its so sad .

please suggest to parliament all men rights activists and if possible  all men of india be hanged till death so that

all injustice against females be brought to an end insatanly.

by the way some of Hitlers' gas chambers are being sold as scrap by germany , they can still be brought to working condition by indian jugaad system. they can be purchaed at scrap prices to meet the above ends soon as hanging so many men will  require lots of  ropes and jallads.
 

1 Like

Rajesh Kumar (Advocate)     06 December 2010

Great idea by Avnish. Thanks.

By the way, Mr. Devda has started begging movement in Gujrat. 

Indian Express reports:
https://www.indianexpress.com/news/fined-by-hc-man-takes-to-begging-to-pay-rs-1l/720938/

To pay a fine of Rs 1 lakh imposed by the Gujarat High Court for filing a frivolous Public Interest Litigation, the president of

All India Crime Against Men by Women Sangh has decided to take to begging to collect the amount.

In a press release issued here on Sunday, Sangh president Dashrath Devda said that in a ‘surprising programme’, he will beg on the roads of Ahmedabad on Monday. Protesting allegedly pro-women laws, Devda had filed the PIL in the High Court demanding legal protection to men against alleged harassment by women.

However, the Division Bench comprising Chief Justice S J Mukhopadhaya had dismissed the petition calling it frivolous and imposed a fine of Rs 1 lakh.

The High Court had ordered him to deposit the amount of fine to Self-Employed Women’s Association (SEWA), an organisation working for the upliftment of women.
Calling the HC order as ‘injustice’ to all the husbands allegedly ‘oppressed’ by their wives, Devda said the Monday’s programme was in reaction to the order.

The ‘programme’ is slated at three different points in the city — Income Tax Circle, Paldi crossroads and Town Hall crossroads.

1 Like

hedevil hydraheaded (non professional )     07 December 2010

I bet he will be able to collect much more than Rs 1 lakh...worth the effort!


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