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Posts Tagged ‘dowry harassment


justice

Problem Statements

  1. Lack of accountability increases arrogance and reduces quality of judgments.
  2. One single human error in making a judgement can cost several productive years of a common man.
  3. Lack of awareness about latest SC judgments of both lawyers and judges can cost several productive years of a common man.
  4. Placement of judges based on recommendations/influence (even from organizations abroad) is affecting the integrity of the system.
  5. Lawyers writing judgments denigrates and defeats the purpose!
  6. Lack of video recording and loud speakers makes litigants unaware of proceedings and subject to exploitation.
  7. Judges settling or help settle personal scores with litigants makes mockery of the system.
  8. Lack of analytical and philosophical skills produces only judgments not justice!

Solutions

To assure the public money is best spent and quality of judgement is maintained, there shall have a central body transparent to public capable of

a) Setting the standard procedure of hiring, maintenance of status and firing

i) Procedure for hiring shall include written test, aptitude test
and internship period

ii) After successful internship a status of “Judge” be given which

shall always be temporary.

iii)Periodic assessments/review shall be performed to maintain
the “Judge” status failing which they shall be put back into
the internship pool.

iv) The internship period salary shall be one fourth of active “Judges”

v) Firing shall be of those who lose “Judge” status more than 2 times
in their life time, and violates code of conduct which includes
but not limited to showing respect towards litigants and lawyers.

b) Setting standard procedure and panel for internal assessments/review of all judgements to ensure quality and eliminate biases

i) There shall be a profile of all those who are hired, maintained by
the central body, consisting of “Professional History”;
which includes, but not limited to, date of hire, status history,
attendance history, number of cases handled, duration of
each case, court name & address, links to judgments, whether
gone for appeal or not, salary info etc.

ii) All reviews and suggestions made by the panel should be published
online and shall come under the RTI act.

c) Video recording with audio and store all court proceedings; links of videos
be added to the corresponding “Professional History”.

d) Ensuring a minimum of 3 judge bench in all the courts including family courts,
lok adalat and tribunals.

e) Ensuring periodic workshops to reduce human biases, which shall be one
of the criteria for maintaining the “Judge” status.

i) Video record with sound and store all periodic workshops; links
of videos be added to the corresponding “Professional History”.

f) There shall be a standard process to address the grievances of public in
all of the above.

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Assaultology Rapeonomics & Criminology

Assaultology Rapeonomics & Criminology

A lot of people including myself are utter confused about what is going on in India. A good number of them even quit thinking about this or refusing to talk about it.. Not because of lack of interest but instead its brain twisting, tiring and unable to reach a rational conclusion.

When there is a road accident, obviously, the wrong doer has to compensate the victim; who is at wrong is decided by the justice system and there are companies who give insurance coverage for such unexpected incidents in return for a relatively small monthly premium. Take another scenario where a person incurred damage using any products or services the manufacturer or the service provider, whatever the case may be, is made responsible for paying the compensation. If the State is at fault then State is made liable. If there is a natural disaster like earthquake, where no one is at fault, governments do pay reliefs to the victims. See, the logic and economics are very easy to understand, isn’t it?

Now here is another whole different scenario where one party consciously does a crime and the State compensates the victim using tax money. You might have never heard of a deal like this in any other country! Does that sound very promising, where a third of the nation are unemployed and another third makes hardly enough to stay alive. Not done yet; add gender to the equation. Surprisingly enough, this utopian deal is only for those who have certain organs. I know, I know… Article 15(3) of the Constitution allows the State to discriminate based on gender. I’m also aware of the fact that international politics works on the basis of UN defined ‘atrocities’ and “Responsibility To Protect”, “humanitarian bombing” and all the rest of it, where the “definitions” are made by the groups which are of imperial interests. As per recent report of Intelligence Bureau foreign stakeholders are running Dalit movements and Women atrocities movement within the homeland of India. But, is that the reasoning behind 33% ban on male candidates in state police? Is that the reasoning for 50% ban on men, in certain panchayat/municipal constituencies? Is that the reasoning for total ban on men in certain public transportation? Is that the reasoning for no legal protection for men under Domestic Violence Act, Workplace Harassment Act so on and so on… What I failed to understand is, is there any boundary for this provision? Is it open for abuse? Where to draw the line and say enough is enough? In olden days missionary-imperialist nexus consciously and deliberately gave undue privileges to certain groups of people on the basis of physical differences, brand them into various sects in order to divide, rule and wipe out all national identity and cultural heritage. Are we facing the continuation of their same agenda using tactically improved ways towards their unattained goal?

Don’t get me wrong, I’m not against financial support/relief/compensation/penalty or any such legal jargons. I’m just trying to understand what are we gaining by total systemic neglect towards half of the population? It has gone to the extend that our State records rarely have the word children, its “Girl Child” now! Is this a step forward or several steps backwards? Would un-opinionated people of India, if there are any left, wake up and say no to this propaganda politics and start asking for reasoning?

The following is the information collected through application under Right To Information Act, so far, from a small jurisdiction in India. Please pay attention to the verbiages highlighted and also the figures in the table given below.

 

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In less than a month after Justice Katju mentioned that 90% of Indians are idiots we have witnessed big demonstrations and violence in the name of “seeking” justice. I don’t think Katju was commenting about the IQ level of the people; he was pointing to the fact that how easy it is to trick the people using mass media. I do believe that majority of the masses do not have the time or interest in fact checking. They possess a strong belief that whatever media provides is ‘authentic’ truth. Apparently there is no reason to disagree that with a few exceptions. But the problem lies in ignoring the fact that, what media provides is only a portion of the truth. This is not intended to blame the media or discredit their work because like any other industry they are also working for profit. Most of them follow at least 60-40 ratio where 60% of the time/space is allocated for advertisements and 40% for news. So what we get is the “limited” amount of facts where that “limited” content will be the most sensationalised part of the facts.

Let us analyse the most recent incident. Well utilized RAPE in the recent history attempted to shed a great deal of light about that. What happened here is to cherry pick a real (read on and you will get why I said ‘real’) incident of rape and sensationalise it to the maximum possible extent so as to condition the thoughts of the masses to link to this incident when ever they hear about the word “RAPE”. It didn’t stop there; today one of the prominent malayalam news daily reported with the title “Increasing assaults; Only one fourth end up in conviction”. They also claim that India stands 3rd in the number of rapes with no mention about where that statistics come from. Here is what I found from UN International Statistics on Crime and Justice

regional

countryWise

Since people (most probably journalists too) do not spend time on fact checking they are not aware about the legal definition of rape neither they are aware of the proposed amendments in discussion. Those who are interested may read “Don’t make law against Rape – It’s our right”, says women! In Naom Chomsky’s words, this is Manufacturing Consent.

Well parented law abiding good citizens, having high level of values may question that why would anyone oppose a good intended amendment. Here is where the importance of fact checking matters the most. The report talks about 2,56,329 cases towards female assaults quoting National Crime Records Bureau statistics. Did they cheat you with the numbers… probably not.. Apparently, the numbers are slightly bigger as of 2011 reports

Category

Cases Reported


KIDNAPPING & ABDUCTION OF WOMEN & GIRLS

35565


MOLESTATION

42968


SEXUAL HARASSMENT

8570


CRUELTY BY HUSBAND AND RELATIVES

99135


IMPORTATION OF GIRLS

80


TOTAL CRIME AGAINST WOMEN (IPC+SLL)

228650


RAPE

24206


DOWRY DEATHS

8618

Total

261474

That much shows the numbers and categories. I haven’t made my point yet and that is to expose the truth that everybody knows. Yes, I mean it; everybody knows why the conviction rate is very less. Here is how…

Kidnapping and abduction of women and girls – Most of the cases that falls under this category are filed by relatives of women/girls who have made their own conscious decision to live with someone whom they chose as life partners. When relatives do not like that relationship or when they are unable to locate the missing woman/girl, they will file the case. Few days later after the marriage registration is done the couple show up but the case remains at the same state waiting for the legal process to complete.

A great deal of abduction cases are filed against fathers if the relationship is entangled in a divorce battle. This is done as way to take personal revenge or to ensure a bigger ‘settlement’ amount for the mother.

Molestation – It will be hard to finda kidnapping/abduction of women/girls FIR where there is no molestation charge in it. Does that warrant any explanation why someone kidnap or abduct a girl/woman? Again this is a divorce weapon widely used against fathers. I’ve first hand information from an NRI who is facing this charge for “molesting” his 2 year old daughter as part of his divorce battle!!!

Sexual Harassment – This is simply a made up category that comes under the penal provision “Outraging the modesty of a woman”. It is usually unable to prove unless there are multiple witnesses. But in those cases that i’ve reliable source of information, such a case is reported only when there are witnesses; in other words, when a normal human intimate relationship is witnessed by others, it becomes a sexual harassment case against the male partner in order to save the “modesty of a woman”.

Cruelty by husband and relatives – Up until the middle of the first decade of this century when men started organizing themselves against the bogus complaints and legal harassment this section was considered to be a widely accepted form of “cruelty”. Thanks to thousands of TV serials, movies and several hundred kilometers worth media columns of articles. The relentless efforts of men’s group and the studies they conducted exposed the startling truth that only 1.9% of cases in this category end up in conviction. More information is available in the book “Equality for Men – Myth or Reality” freely downloadable from www.internationalmensday.in

Rape – This is the most notorious crime that can ever happen to a woman. That is a general opinion until you go and do a study on the legal definition of rape. Recently Pune police reported that 74% of the cases that they deal with are consensual sex! Even though this comes from a crooked political party I was not surprised about what this leader said, 90 percent rape cases in Haryana are consensual sex, says Congress leader.

Dowry Death – Here i’m not commenting my thoughts but just copying what Delhi High Court chief justice Shiv Narayan Dingra mentioned while acquitting a mother in law from dowry death charges in Rani Vs The State of NCT of Delhi

Charges seemed to have been framed in a mechanical manner. No effort is seem to have been made by the Trial Judge either at the time of framing charge or later on as to what offence was made out.

  1. Every suicide after marriage cannot be presumed to be a suicide due to dowry demand. The tendency of the Court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.

I have intentionally left out one category just because of the low number of cases and the likely hood of bogus cases are nil or minimal. If you have read the links mentioned above and double checked with other available sources of information you will see a big disconnect between what you see in corporate media and the reality. The figures shown and the arguments made by the malayalam daily were not untrue but when we know more about the factual truth it doesn’t add up. May be because the journalists are not subject matter experts or they are not given enough time to do proper analysis or they are not given enough space to cover the whole story, but either way readers/viewers are screwed. Still some questions remain unanswered

If number of reported cases are the indication of rise in crime as opposed to convictions, why do we need to spend crores of rupees in running courts and law enforcements? We could directly file the complaint in jail and they can put the accused in jail with no due process of law. So, are the crime rate increasing or the rate of false and bogus complaints increasing? How are we going to ensure justice for falsely accused? Don’t they deserve the right to live with dignity just because a tiny minority of people commit violent crimes?

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First of all, I would like to show my sincere gratitude to all of them who supported this cause and spent their valuable time to sign the online petition. Even though the press complaints council website says that they do not entertain third party complaint, it is the success of our collective effort to be able to become a silent party in the case. I’m glad to let you know that Dr. Kalind took the SIF inoculation for the feminazi virus and jumped into this fight with all the vigor and spirit, as any person having the sense of justice would’ve obviously done. Here is the entire communication thread for your reference… (in continuation of original complaint) I hope this may help you in your future fight against MISANDRY

[PCC]

Thank you for your email.

Having conducted a search for the article in question, it appears that it is no longer available on the newspaper’s website.  I would be grateful to know whether you are happy for us to close your complaint on this basis?

[prassoon]

I sincerely believe that the damage has already been made, after having the article exposed to the public for over a week. Now the question that I set forth before the honorable Press Complaints Council is to decide whether or not to take any action against the wrong doers, if it believe so, so as to prevent such mistakes in the future.

Hence, with all due respect, let me express my unwillingness to close the complaint; and also I would like to take this opportunity to let the council know how eager I am, to hear the verdict.

[PCC]

Thank you for sending the attachment. For the avoidance of any doubt, can you confirm your connection to the story.

[prassoon]

Thanks a lot. I am a reader who got fooled by the article.

[PCC]

Thank you for clarifying your position.

The concerns you have raised relate directly to Kaveri Kapoor Parashar and Kaling Parashar, the subjects of the story. Given the nature of the story – which relates to the circumstances of their marriage and significant allegations of abuse by Mrs Parashar – it appears that it would be difficult for the Commission to investigate or understand this matter fully without the involvement of one of the parties. In addition, the outcome of a Commission investigation (whether correction, apology or adjudication, for example) would need the approval of the relevant party. In such circumstances, we would generally require a complaint from Mr or Mrs Parashar, or a representative, in order to take the matter forward.

However, if you believe that there are exceptional public interest reasons for the Commission to proceed with an independent complaint under the circumstances, we would be grateful to hear from you in the next ten days.

Once we have heard from you, the Commission will be asked whether it wishes to take the complaint forward. If you would like to discuss your case before replying please do contact us.  If we hear no more from you we will close our file on the matter.

If, at the end of the process, you are dissatisfied with the manner in which your complaint has been handled, you should write within one month to the Independent Reviewer who will investigate the matter and report any findings and recommendations to the Commission. For further details please use the following link:

http://www.pcc.org.uk/about/whoswho/independentreview.html

[prassoon]

I understand the limitations of the Commission and the practical difficulties of handling international disputes. My sincere gratitude for giving me an opportunity to provide further deliberation. In my humble attempt to show the exceptional public interest in the said news article I would like to submit before the Commission the following reports

I strongly believe, the widespread misandry and glamorization of false allegations without even giving a tiny bit of benefit of doubt, result in war against spouses. Irresponsibly written news articles like this, upon which the complaint is filed, amplifies baseless allegations even before a just and fair investigation is completed, generates gender hatred on a mass scale; most of those become a prime reason for skyrocketing suicides. By acting promptly with a complaint and pulling down the news article, may be I have saved one life, may be more.

Inviting public support towards this cause, I have posted an online petition showing the questions that I’m raising before the PCC. Please find this online petition signatures here http://www.change.org/petitions/demanding-stringen-action-against-misandrist-neethu-chandra-daily-mail-press-complaints-council-uk-please-take-action .

I pray before the Press Complaints Commission to consider this petition as having exceptional public interest based on the overwhelming public support, and also by taking into account of around 11,54,000 suicides.

NB: If any of the urls are not working or not readable or if the Commission wish to get anymore details on any of the matter submitted by far, given a chance, I will be more than happy to address that.

[PCC]

Thank you for your further submission.

The Commission has now received a complaint about the article from one of the first parties to the matter and is investigating it with the newspaper.

Nonetheless, thank you for raising the matter with the Commission.

[prassoon]

Thank you Sir. Sorry to bother you with questions…. Does that mean my petition is dismissed or clubbed together?

[PCC]

Thank you for your email. We are investigating this with the party involved, so we will not be investigating your complaint separately, but we will endeavour to inform you of the outcome if possible. As you will understand, for reasons of confidentiality this is not always possible.

 

 

June 26, 2012 – Here is the final update: http://www.pcc.org.uk/case/resolved.html?article=Nzg5Mg==

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On March 3rd 2012 India Today published a filthy article authored by their reporter Neethu Chandra under the title “Dowry harassment: Delhi bride tortured by cruel NRI husband in US”. This was a demonstration of highest levels of yellow journalism; a totally farce story inflated with lies and false allegations. I’m not posting it here and make the entire wordpress stinky. The day after the editor was contacted they removed the article from the site. By that time it got propagated through all the channels and fooled all the readers; apparently, most readers are already awakened and have learned to identify the “bad apples” in the basket. Evidently, these kind of articles that cost less than dirt are putting the publishers themselves in poor light. Formal complaint with Press Council of India has been filed against both Neethu Chandra and India Today. Since the same article got published in DailyMail UK, Neethu Chandra and DailyMail another complaint has also been filed with Press Complaints Council UK. Daily Mail not only removed the article but also published the true story later,  “In-laws deny torture charges“. MSN also reported in similar lines http://news.in.msn.com/exclusives/it/article.aspx?cp-documentid=5900927

I hope this article will give you an insight about how to make complaints against yellow journalism. If something is unclear or you have any questions please post a comment and I will be happy to share the information that I have. It is a very simple process that anyone can follow.

If you find such articles first thing you have to do is to save a copy of it. You may either take a screen-shot, save it to a file , print it to a pdf or paper. This is required when you file formal complaint with Press Council of India. It is also required to contact the editor before we file a formal complaint.

In short what we need for a complaint are

  1. Complaint petition
  2. Copy of the news article
  3. Signed  declaration. (http://presscouncil.nic.in/images/decl.doc)
  4. Copy of the correspondence with editor.

In this case the correspondence with India Today is as given below.

Mail to the India Today Editor

Sub: – Notice as per Press Council (Procedure for Inquiry) Regulations, 1979

Dear Sir/Madam

 This is with regard to your news article published under the title “Dowry harassment: Delhi bride tortured by cruel NRI husband in US” at http://indiatoday.intoday.in/story/dowry-case-delhi-bride-tortured-by-nri-husband-in-america/1/176291.html on March 3, 2012.

Could you please state that, whether or not those incidents mentioned in the article ever occurred? Do you have any substantial proofs, any investigation reports from government or private agencies, any court order either Indian or American, to support your claim? Have you made any attempt or got a chance to interview the person Kaling mentioned in the article? If yes, kindly state the reasons for not publishing any of his comments? Based on which investigative report or court order did you use the word “cruel NRI husband” in the title?

 Kindly provide the name, postal and email address, contact phone number of the reporter Neetu Chandra as well.

Please furnish relevant materials required to state that you have not breached the recognized ethical canons of journalistic propriety and taste by publishing the aforementioned article. This notice is to comply with the PIC Inquiry Regulations, 1979 and your early reply is very much appreciated within 15days.

Reply from India Today Legal Department

Mail Today will not be able to provide any information as sought by you, in your mail. Please be informed that you don’t have any locus standi to seek such information as mentioned in your mail. The subject matter of the article is a matrimonial dispute, and the same is pending enquiry before the court of Law. Apart from the article pertaining to Criminal Complaint we have also carried the version of Kalind Parashar’s family in our newspaper. We do not entertain any queries from private individuals pertaining to news published in our newspaper and hence we request you to desist from sending, any such mails in future.

The formal Complaint

Reasons why content of the above mentioned article is objectionable within the meaning of Section 14(1) of the Act

1) The article did not give the readers substantial material to support that those incidents covered have ever occurred. It is a cleverly worded, cooked up story to cheat the readers and therefore breached the recognized ethical canons of journalistic propriety and taste.

2) USA is not a lawless land like Afghanistan. The said article did not mention about any police report lodged or order of any legal authority in America, which underscores the fact that the stated offences are highly hypothetical and intended to raise false alarm. I believe, freedom of press does not mean the right to write whatever it likes; and therefore is an abuse of press freedom.

3) The said article does not carry any comments, justifications or whatsoever from the vilified character Dr. Kaling and his family, neither it talks about the attempts of press to contact them; hence the article is not bonafide and fools the readers.

4) The title of the article calls by name ‘cruel NRI husband’ where no court of law on this planet, to date, has declared so. More over this usage is extremely derogatory to the whole NRI community and so it should be considered as a very serious professional misconduct.

5) Notice to comply with Press Council (Procedure for Inquiry) Regulations, 1979 was served to the editor of India Today on March 3, 2012 (US – EST) and the said news link got removed from their website, in next few days. The notice was replied with an arrogant response denying all the requested information. This should be considered as acceptance of guilt and tantamount to approving all the 4 arguments mentioned above, beyond reasonable doubt.

I, Prassoon Suryadas, hereby humbly pray before the Press Council of India to consider this petition for inquiry and execute its inherent powers to take the most stringent action against respondent number 1 and 2 so as to uphold, maintain and improve the standards of newspapers and news agencies in India.

The full version of complaint is available to download from here.

More info :- http://presscouncil.nic.in/complaints.htm

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Out of the pain felt from the backlash of pro-family Men’s group several women organizations are under deep distress; that are busy putting together a theory to counter the startling realities brought into light by Save Indian Family advocates.

Pro-family groups and activists are facing collective badmouthing from those who are hell bend on destroying the social fabric at the tunes of external globalist evil forces like CFR, Builderberg, USAID etc from which enormous amount of funds flow endlessly.

 

One of such Tamilnadu based organization even did a survey and over 100 page report, only to solidify the findings and arguments made by Save Indian Family advocates.

 

The core of this report clings on to the aspect of rising complaints, not conviction as pointed out by pro-family groups. This is a food for thought for the readers to find the logic in the presumption that “increased number of complaints indicates increased number of crime”. If it is so, then what is the need to spend huge amount of money and several years for investigations and trials. There will only be the need of Jails where people register complaints and they can put all the accused behind bars.

 

The SHOs interviewed opined that educated and employed young married girls are becoming self-centered due to their economic self-reliant. They are too sensitive and highly emotional as they don’t share the ethos and values imbibed by the members of the matrimonial family. They have less tolerance level and are against joint family system. Many complainants prefer to live separately with their husbands and as a result arises conflict with husbands and in-laws. Their parents rather than advising her mostly fuel their daughter’s emotions and supported her decisions.

 

Though they claim no charges were framed on such complaints, one can easily understand that it is to safe guard their jobs and hide their own black deeds. Is that ever happened in the history of this planet that the culprits admitting the crime for the purpose of preparing a report?

 

The SHOs also shared that the women develop an attitude that if they incorporate dowry component in the complaint petitions, it increases the severity of the offence. People develop a wrong perception that only dowry complaints are entertained by the police. Even the advocates have similar views; misguide their clients and prepare the petitions with a tone of dowry harassment.

 

It will be repetition of the same petition to amend 498a if I start pointing out the entire survey report here. Aggrieved by the findings and lack of arguments to counter the pro-family advocates, women organizations are now blaming “Patriachy”; ignoring the fact that it is the same “Patriachy” which enacted this law. They claim that low conviction is not because of false allegations or lack of evidences to prove the offence but because of the mind-set of Judiciary!

 

Final Conviction Rate at the level of Appeallate Courts

Chennai Coimbatore Cuddalore Dindigal Kanchipuram Kanyakumari Madurai Salem Sivagangai Trichy Virudhunagar
1.9% 7.7% 7.5% 1.0% 15% 1.9% 1.7% 2.9% 2.9% 2.7% 5.1%

 

Though the Conviction Rate for the offences under Sec 498A in Trial Courts is 20%, the final conviction rate declined to an average of 3.2%. The report invariably blames Judiciary with no mention of the chances of corruption in lower courts resulting in higher rate of convictions. It says “The mismatch between the conviction rate in trial courts and appellate courts raises a serious question about justice delivery system and the legal safeguards for women victims.”

 

In short EKTA / AIDWA and their likes are claiming that, in matriarchal mind-set false allegations are “Genuine” and a stated “women’s right”! The report showers blessing and praises to those who make false allegations saying “Further, due to the constant attempts by various organizations women started complaining about dowry harassment to the police; of course it is a healthy sign.

 

I would like to borrow the words from Smt. C.P.Sujaya IAS (Retd) and appeal the women organizations with a slight modification, “It is now time – in this new century – for the women’s movements to go in for a measured exercise of collective and honest soul-searching.

 


A legislation which was originally brought in with a good intention to protect innocent women from dowry harassment is now being fearlessly misused by new age ill-educated women all over India with the core motive of “get rich overnight”.

It is a national shame and hard to agree fact that parents are taking broken marriages as an opportunity to cash out their daughters. This is not the only one section of the penal code that comes in to picture while cashing out daughters. Indian Penal Code provides various other sections like CrPC 125, Hindu Marriage Act, Hindu Adoption and Marriages Act and the latest being Protection of Women from Domestic Violence Act which can be used to have a free of cost living out of someone else’s hard earned money.

The western tactics to break down the family system and there by destabilize India has proven to be worked out quite well so far. A Startling 1689 cases in a tiny state like Kerala that too in just four months would tell the success story of this “get rich overnight scheme” .

Parliamentary committee is considering a petition by Dr, Anupama Singh, and law commission has called for public opinion based on standing instruction given by Supreme Court of India to make proper amendments to 498a in order to curb the menace of rampant misuse. This huge number of cases, in academically, economically and socially advanced state like Kerala which has a fabulous sex ratio of 1084 women for 1000 men, underscores the necessity of repealing this draconian law from the statute books once and for all.


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