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What to do with the female oriented laws??

Page no : 2

Biswanath Roy (Advocate)     22 July 2014

Sorry to say Hon'ble Mr. Justice Katju  was also a member of fully insulated Judiciary and by virtue of that insulation he is still earning his bread.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 July 2014

Mr. Roy,

 

I am also member of "fully insulated Judiciary" , you are also member of "fully insulated Judiciary" , in fact, all Indians are member of "fully insulated Judiciary"  - since, nothing is beyond the law. All financial , corporate, professional organization, even each and everything of a nation has a managerial environment of law. Somebody is earning their "bread" from it as a law professional , somebody is earning in other way as other professional but still in this environment.

 

  - - - -  From this we can conclude that "We All are Fully Insulted". Being member of it is not mine, yours or his fault rather it is unfortunate. But I appreciate Hon'ble Mr. Justice Katju for his great speech as -

 

"History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people"



                                                            - - - - - - - Martin Luther King, Jr.

rebellion (fighting against bias law)     28 July 2014

What law is required or not that not the question So many intelligent/experts forum mates are trying to preach about necessity of it which is not denied but highlight is these laws are so fragile so any body can misuse. it is like Nuclear weapon in four years kid's hand. We all should emphasis on right implementation and fix the duration or trial otherwise it like chain reaction which only end when every thing end surround it and IMO this is not and objective of any LAW otherwise it is not law.

1 Like

(Guest)

Misuses are done when nobody is their to control....

 

1. These fake laws are misused by lawyers, when ever a woman goes to any lawyer they never say that don't file cases as this will not give you anyhting but they show the fake dreams of revolts and vengeance to their clients.

 

2. Males are not unity makers as they get their treatment from these biased law and move on like a selfish passengers. They never bothered to unite and speak against these biased law by sharing their experiences.

 

3. Rightly said by rocky that SIF have demerits , their members have egoism problem they never listen the accused problems but force their on thesis.

 

4. No Ngo in india who protects Men's right or give support to the victims of these biased law if they are alone and are harassed by the group of extortionist.

 

5. Many times i got mail from the victims that they are alone and inlaws are trying to beat him, forcefully entering in his home. Here i request SIFF that if they have branches in many cities of india with thousands of member then why don't they give manual support to such victims.

 

6. PIL from all over the city will do wonders, we all know the solutions but we never try to use, this is the main reason where we are lacking.

 

7. We don't need speeches we need actions.

 

8. I am always ready to fight for these noble cause, plz come ahead and join in masses.

 

9. These biased law can be changed only when the voice from the crores will shake the parliament.

 

1o. A baby doesn't get his/her milk unless he or she doesn't cry for it. 

 

To ruin biased law fighting is the only solution....

 

ESIS

1 Like

Sudhir Kumar, Advocate (Advocate)     29 July 2014

It is unfortunate that we have such laws.(though these laws are prone to misuse like any other law). Even the first law on the earth has been misused.

 

But it is more unfortunate that we needed these laws.

 

It is further unfortunate that we still need these laws. On  this forum itself many queriest made as to how to suppress wife while their own descripttion stated that they are dowry demanders.

 

It is disgusting that real victim (for whom these laws are) shun to take shelter of these laws.

Sudhir Kumar, Advocate (Advocate)     29 July 2014

On this forum itself at times some woman seek advise how to misuse these laws. Though such cases are rare but not zero.

Sudhir Kumar, Advocate (Advocate)     29 July 2014

The other problem of these laws is that the police has no power and responsibility to take preventive measures. 

 

Their role comes when complaint is made(true and false).  By the time generally it is too late.

 

Unlike 170 ago years sati was a prevalent social vice and it was practically eradicated.  It was most inhuman custom to burn alive the wife with husband.  It was more prevalent wealthy and rich and nobles. But it was eradicated. It was eradicated with same police set up which we have today (better trained and better equipped now  with back of f better enlightened society controlled by more effective judiciary). In these law even the participant of funeral procession are liable to be punished.  The priest who conducts this funeral is criminally liable. Police has s duty (whether perform or not) and power to stop such funeral.

 

But in case of dowry related laws :-

  1. Nobody (including those close relatives who wear turban from either side) participating in a marriage is liable for prosecution (either side) who participate in the marriage knowing well about the excessive dowry demand from/by their relatives.
  2. Service providers to such marriages are not liable.
  3. The victim has no liability to report the matter first time a heavy dowry was demanded (before/after marriage).
  4. Police has no power to stop marriage when the excessive dowry demand comes to their notice.

 

If effective measures are taken to eradicate dowry from the minds of (both takers/givers) then these laws may perhaps after some times may not be needed.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

Mr. Sudhir Kumar,

"But it is more unfortunate that we needed these laws" - This statement has no merit.

Imagine if all laws were biased to male only like Saudi Arabia and Brunei how was it?

 

Mr. Every Sufferer is a Saviour...

 

I appreciate you great understanding as bellow.

 

"SIF have demerits , their members have egoism problem they never listen the accused problems but force their on thesis"

 

Thank you again. We need to be united and file PIL in Supreme Court. Do you have any to the point citations with you? If yes please send it in my email.

Sudhir Kumar, Advocate (Advocate)     29 July 2014

we are not Saudi Arabia. That nation has own (+)/(-). They chop hand for theft.

They behead rapist and not much hearing is given to any accused that makes the law is anti-male.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

"It cannot be lost sight of that ultimate objective of every legal system is to ARRIVE AT TRUTH, PUNISH THE GUILTY AND PROTECT THE INNOCENT. There is no scope for any pre-conceived notion or view"

 

                                                                          - - - - - Supreme Court of India.

 

"Article 15 - Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth."

 

But these are not following in Indian courts and judiciary system. So are "They behead rapist" in India?   :P

Sudhir Kumar, Advocate (Advocate)     29 July 2014

I expressed

 

On this forum itself at times some woman seek advise how to misuse these laws. Though such cases are rare but not zero.

 

I refer to a thread

https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U9ezyUBvdG0

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

"such cases are rare but not zero" - Because some great lawyers :P;) are available to give advise freely on this. :P

Sudhir Kumar, Advocate (Advocate)     29 July 2014

15. Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.-

(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 palaces 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.

(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.

Sudhir Kumar, Advocate (Advocate)     29 July 2014

There are are many laws which are unfriendly to the respondent.

 

Every law is prone to misuse. 

 

While theft is the oldest crime.  It is also misused to frame innosent.

There are instances of people being wrongly framed in anti-corruption laws.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

That is because THE CONSTITUTION (NINETY-THIRD AMENDMENT) ACT, 2005.

That is because of Gender Biased View of Indian law maker.

The original constitution of India that has been made copy-paste By Indian law maker from British law  and Federal law was not like that.


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