Posts Tagged ‘false allegation’
Problem Statements
- Lack of accountability increases arrogance and reduces quality of judgments.
- One single human error in making a judgement can cost several productive years of a common man.
- Lack of awareness about latest SC judgments of both lawyers and judges can cost several productive years of a common man.
- Placement of judges based on recommendations/influence (even from organizations abroad) is affecting the integrity of the system.
- Lawyers writing judgments denigrates and defeats the purpose!
- Lack of video recording and loud speakers makes litigants unaware of proceedings and subject to exploitation.
- Judges settling or help settle personal scores with litigants makes mockery of the system.
- 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.
Divorce Epidemic as of 2011
Posted on: May 31, 2015
Here is the big picture of divorce epidemic in the Indian sub-continent. Though the numbers may not seem alarming to western readers this is indeed a whopping number for Indians. If not checked immediately this is going to grow exponentially and will destroy the foundation of a great nation which has over 10000 years of continuous heritage to claim. Solution is simple… stick to the roots, be who you are…. stick to the principles; as opposed to being copycats.
Satyam vada (Speak the truth.)
Dharmam Chara (Practice righteous dharmam)
Ahimsa paramo dharmam (Non-violence greatest dharmam)
Satyameva jayathe (Truth alone Triumphs)
Matru Devo Bhava (Consider your Mother as a form of God)
Pitru Devo Bhava (Consider your Father as a form of God)
Athithi Devo Bhava Consider your Guests as a form of God)
India
Justice Verma committee recently suggested the government to recognise and penalise rape with in marriage. Feminists across the nation are conducting demonstrations where ever possible to get this enacted. Those who control the media encouraged it to condition the public view regarding this. Media took this as a great opportunity to get some extra viewers and readers. But government rejected the suggestion saying that there is no consensus on this issue yet and the subject which has far reaching consequences is not debated well enough. Let us set aside our impulses, sentiments and prejudices and attempt to check whether or not the demand is valid.
Even though Justice Verma committee report is the first official INDIAN record (to my knowledge) to include the phrase “marital rape”, it was originated from Rockefeller’s UN CEDAW committee. For all practical purposes of this debate, lets take this report as the source and go by that. The CEDAW report suggested to remove the exception of marital rape from the definition of rape in indian penal code. The report lays out all the existing definitions and also cites various supreme court decisions regarding rape. The question what remains is that, whether or not “consent” for the purpose of IPC 375 is implied within marriage for every intercourse.
To answer that, first we should differentiate intercourse within and outside marriage. To differentiate that further, obviously, we should define what ‘marriage‘ is. Undoubtedly, marriage was originally a religious concept which was later hijacked by the State. So what is marriage as per the State? Well, that depends on what kind of religious belief one follows. For Hindu followers, the State has defined Hindu Marriage Act (HMA), 1955, followers of Islam didn’t allow the State to hijack their beliefs so they can follow their own Shariah law, followers of Christianity the State has defined Indian Christian Marriage Act, 1872, for others the State has defined Special Marriage Act. Since majority of the Indian population are Hindus we shall check HMA 1955 first, to see what marriage is…
Section 2 of this Act says, it is applicable to anyone who is governed by the Hindu law or by any custom or usage.
Section 3(a) defines
the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;
That’s what the State says; lets take a look at what the religion says:
(i)According to the Hindu scriptures marriage is the basis of all religious activities. In the words of author K.M Kapadia marriage is primarily for the fulfillment of duties; the basic aim of marriage was dharma.
(ii) Procreation: In Hindu families the child is given a very important place. According to Rig Veda, the husband accepts the palm of wife in order to get a high breed progeny. According to Manusmrithi, the chief aim of marriage is procreation; Mahabarat has also maintained the same view.
(iii)Sexual pleasure: The Hindu scriptures have compared the sexual pleasure with the relation of divine bliss. According to Vatsyanyan sexual pleasure is the chief aim in marriage.
So, “consent” for the purpose of IPC 375 is already established in those marriages solemnized under HMA 1955. The beneficiaries of this particular Act are those who follow the Hindu beliefs, so it is obvious that they enter in to marriage with those principles laid out in their holy scriptures. That being said, if State wants to recognise marital rape among this community, then it has to repeal Hindu marriage Act to begin with. There is a severe race condition here which makes that impossible! Other religions derived from Hinduism should be following the same principles. So their consent is also implicitly validated.
For those who follow Christianity, even though Bible has no clear definition of marriage, the commonly held beliefs as per http://christianity.about.com/od/whatdoesthebiblesay/a/marriagecovenan.htm
-
The couple is married in the eyes of God when the physical union is consummated through sexual intercourse.
- The couple is married in the eyes of God when the couple is legally married.
- The couple is married in the eyes of God after they have participated in a formal religious wedding ceremony.
Here also sexual intercourse is considered as an essential ingredient of marriage and hence consent is implied. If State wants to recognise marital rape among this community, then it has to repeal The Indian Christian Marriage Act, 1872!
What’s left out is the Special Marriage Act. Here also the State is leaving the definitions customs and usages to the religions, so “consent” for the purpose of IPC 375 is already established in those marriages too.
Conclusion
To me it looks like the only option for those spouses who are doubtful about possible rape attempt or rape is to get out of the marriage. There are plenty of women centric laws to make that process easy and fruitful; (male victims please excuse). As mentioned above, conceptually, marriage is a license for sex; either for procreation or physical pleasure. Just the way the license to drive a vehicle is issued; you are allowed to drive, but if you break the rules you get a ticket to pay the fine, not a life sentence. Same way, Domestic Violence Act already deals with sexual abuses that resembles a traffic violation; only drawback is it doesn’t recognise male victims and that is what we need to fix!
I don’t believe that, in a smooth running family all of a sudden one spouse pounce on the other and rape him/her. Forget about violent sex! apparently, what Indian couples face is a serious problem of lack of sex. See this Times of India article Indian couples have less sex? Well, that doesn’t surprise me; in general, sex dies within early years of marriage but the relationship continues based on the emotional bonding and the newly generated biological relationship through kids.
The bottom line is, don’t let United Nations define our internal laws; welfare of women is not their goal; they are up to bringing New World Order and depopulation; family laws should be family friendly; it should not be a tool to break the family or settle scores or to make a deal.
.
Honorable Justice Verma Committee
This is with reference to the invitation for suggestions on amendments to Criminal Laws relating to Safety and Security of Women. I do believe that laws can protect people but I also strongly believe that laws can only protect people from the aggression of that particular offender. So, if the idea is to prevent an incident like Delhi gang rape from happening ever again in the main land of India, IMHO, we need to take a three step approach (not quick-fix workarounds) as listed below; sorted based on priority.
- Strengthen self defense laws so as to make it people-friendly as opposed to governance-friendly.
- Overhaul the criminal justice system to deliver quality judgments on a time bound manner.
- Improve and standardize law enforcement procedures.
Strengthen self defense laws
It is impractical and impossible to give police protection to every single women in this country. Historically, Indian police and law enforcement authorities have been posing the major threat to women. And it is a known fact that nearly 99% of them evade the legal process and go scott free. Any steps towards that path will be doing more harm than even an ounce of good. This is where Gandhiji’s words makes more sense than anything else; “Among the many misdeeds of the British rule in India, history will look back upon the Act depriving a whole nation of arms as the blackest.” [Autobiography page 446].
All citizens have the natural god given right to self-defense, which is recognised by the Indian Constitution as well as the Indian Penal Code, however this right is meaningless without the right to have the tools of self-defense! Honorable bench of Supreme Court (D.K. Jain, H.L. Dattu) ruled in Sikandar Singh & Ors. vs State Of Bihar on 9 July, 2010
25.It is well settled that the burden of establishing the plea of self defence is on the accused but it is not as onerous as the one that lies on the prosecution. While the prosecution is required to prove its case beyond reasonable doubt, the accused need not establish the plea of self defence to the hilt and may discharge the onus by showing preponderance of probabilities in favour of that plea on the basis of the material on record. In Vidhya Singh Vs. State of Madhya Pradesh16, this Court had observed that right of self defense should not be construed narrowly because it is a very valuable right and has a social purpose. (Also see: Munshi Ram & Ors. Vs. Delhi Administration17; The State of Gujarat Vs. Bai Fatima & Anr.18 and Salim Zia Vs. State of Uttar Pradesh19.)
The only hindrance to citizen’s right to self defense is now the Government of India. I humbly request the honorable commission to seriously consider urging the government to amend Indian Arms Act 1959 and Arms Policies/Rules in a way that self-defense tools can be made available to the law abiding citizens as easy and cheap as knives and axes. Had any one of those couple who boarded the bus in Delhi carry a fire arm this heinous crime would have never occurred. Just by showing the gun or firing a warning shot could have prevented it, or in worst case scenario they could have injured the offenders if not take their life.
Showing Sandy Hook school shooting for denying this right doesn’t attract any merits because 99% of mass shooting spree in America happened in gun-free zones. (The offenders know that there will be zero resistance!) In Britain as well, when their government imposed a gun ban, crime rate went up 40%. [Handgun crime ‘up’ despite ban – http://news.bbc.co.uk/2/hi/uk_news/1440764.stm]
Overhaul the criminal justice system
1) Stop Abuse of The Legal Process. Consider false accusations equally heinous as the allegation itself. (conviction rate of criminal cases are under 30%. 70+% are false or fabricated or have no locus standi)
2) Take perjury as a serious offense and punish the wrong doers so as to reduce the abuse of law and free up the resources.
3) Stop Media Trial that influence and create hindrances in legal process.
4) Multiply the number of courts/benches 100 times (if needed) to deliver time bound verdicts. I believe, Justice Delayed is Justice Denied.
5) Remove hard coded “PRESUMPTIONS” from the statutes and let Judiciary apply its mind. Judging based on presumptions is tantamount to lawlessness!
6) Remove categorical exemptions in the process based on caste, creed and gender.
7) Implement complete judicial reforms including but not limited to make erring judges accountable.
a) Amend criminal procedure code to include trial by jury.
b) Let all courts have division benches rather than trial by single judge, to reduce human errors in making rational decisions. (If supreme court has more than 50000+ pending cases that is a clear indication that our lower courts are delivering crap)
c) Include judiciary in Public Service Commission to SELECT judges based on quality, rather than ELECT/NOMINATE them. If Judiciary is to be kept away from legislative system, then introduce Judicial Service Commission so as to ensure the quality of judges.
d) Implement a perceptual monitoring system similar to PMP in which managers have to undergo several assignments and meet certain criteria to maintain the ‘status’. Those who cannot maintain the ‘status’ should be disqualified to judge other people’s life. This will ensure maintain and improve the quality of judgments.
Improve and standardize law enforcement procedures.
It is time to quarantine the age old unscientific thuggish colonial style of investigation. It is worth imitating the most modern investigation procedures followed by developed countries like sexual assault forensic evidence (SAFE) kit, Sexual offense evidence collection (SOEC) kit or Physical Evidence Recovery Kit (PERK) kit. This way our law enforcement officers know how to deal with a sexual assault case and what all data/evidences that they need to collect in order to ensure a higher rate of conviction.Such a kit consists of small boxes, microscope slides and plastic bags for collecting and storing evidence such as clothing fibers, hairs, saliva, semen or body fluid, which may help identify the assailant and provide evidence supporting prosecution in a criminal trial.
Although a kit’s contents may vary, it may include:
- Instructions
- Bags and sheets for evidence collection
- Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
- Blood collection devices
- Comb used to collect hair and fiber from the victim’s body
- Clear glass slides
- Envelopes for preserving the victim’s clothes, head hair, pubic hair, and blood samples
- Nail pick for scraping debris from beneath the nails
- White sheets to catch physical evidence stripped from the body
- Documentation forms
- Labels
Most importantly there should be ample amount of forensic labs which should ensure no more than a weeks delay in delivering the results/reports. For fully implementing all the suggestions made above we can raise the funds by abandoning the invasive, tyrannical and illegal UID/Aadhaar project and divert the funds for building the most needed long overdue criminal justice infrastructure in less than 2 years time.
.
Amir Khan, the Domestic Villain!
Posted on: June 19, 2012
Amir Khan as usual came up with his half truth and false alarm. This time its about Domestic Violence; against women. The most sellable story in the modern times. I’m not totally denying violence against women. I’m already getting enough hate comments saying that I’m a women hater, I’m spitting out American thoughts, so on and so forth. Let me make it clear, those who make those comments completely failed to understand what I’m talking about. I would recommend them to go over the about page and get more insight. All I’m trying to do is to show the world that there exists one more side for the coin! Total denial is total foolishness.
Everyday we read the news of violence by wife against husband. The latest one is the murder of husband by a doctor. http://www.ndtv.com/article/cities/doctor-kills-husband-for-demanding-sex-claims-police-232854 . See the side bar for more such news. Mr Amir Khan, did you get a chance to look at the suicide statistics? Why is it that the number of suicides of married men are twice as much as married women? Why is government of India and especially woman’s rights advocates knee jerking to make Domestic Violence Act gender neutral? Are they so sure that more women will go to jail if protection of this Act is extended to men?
There are four women protection bills pending in the parliament at present.
- Amendment of 498a as ordered by Supreme Court of India due to patented misuse.
- Sexual harassment at workplace. (with no protection for men and provisions for easy misuse)
- Marriage law amendment. (to destroy family system and reduce population)
- 33% reservation of women in parliament (to undermine the constitution and uproot democracy)
Amir, you should be a contractor hired to condition the public mindset to pass all or some of the above listed laws. This is nothing but false alarm and fear mongering. Your propaganda may work on those people who do not have access to internet.
Patriachy has done no good for men; it only dumped more burden on men. More over, history says most part of India were matrilineal. It is only during the foreign invasion that all women find shelter behind men. If a tiny minority of men are abusive to women, that doesn’t grant you the right to paint every men with the same brush Mr, Khan.
Till date, feminists have been used as hunting dogs. The real hunter is waiting behind the scenes for the prey to be tired and easy to capture. In the history of humanity, regardless of the culture and creed, what we have seen is that all the documented civilizations were designed to protect and provide women not men. This kind of conscious attempt to dupe and turn women against men and vice versa has started exactly 20 years ago as part of United Nations resolution, Agenda 21.
Those who do not know what that is may watch this
What they have found is that, a strong foundation of family system is the root cause of “explosive” population. They found it as a threat to their own imperial power structure. Action plans were architected and is being executed to safeguard their position and to make the 3rd world remain 3rd or even 4rth! Some people have mistakenly call it women empowerment. The key purpose is to destroy all sorts of mutual support systems like family religion and so forth, by the people themselves!!!. How is this done? See what former KGB agent is saying.
KGB Psychological Warfare and Subversion Strategy
Destroying a country –
–> Demoralization
–> Destabilization
–> Crisis
–> Civil War or Invasion
–> Normalization
He suggests solutions..
– Stop importing propaganda
– Restrict foreign TV
– Self restrain
– etc etc watch and learn…
He slams women’s lib and all kinda libs
He talks a lot about India
1hr 3mts
Once these mutual support systems are dismantled it will be easy to shift the role of protector and provider over to the BIG BROTHER; the government. This is exactly what happened in the west. Now American’s are asked to implant RFID chip in their forearm if they want to avail food stamps. Next will be social security benefits and that will cover the entire population!!!
“The ideal tyranny is that which is ignorantly self-administered by its victims. The most perfect slaves are, therefore, those which blissfully and unawaredly enslave themselves.” – Dresden James
New World Order operative’s plan to destroy the foundation of our nation is working out pretty well.
Morons in India are applauding it as women empowerment.
Who is the single largest sponsor of feminism? Rockefeller Foundation…
Where is UN head office sitting? On Rockefeller’s property (though donated)…
Who is running ICICI bank? The Rockefellers…
Who is running Council on Foreign Relations (CFR)? The Rockefellers…
Who wants to implant RFID chip on every human being on earth? The Rockefellers…
Who is Rothchild’s puppet? The Rockefellers…
Who wants to introduce Aadhaar/UID in India… THE BANKS…..
Who is the the Father of RBI? Lord Rothchilds….
Who is the financial advisory of Govt of India? The Rothchilds
Read “Is boy preference a brain product of CFR” and learn more.
Agree that women face violence at home; but is that only women who face violence at home? One in two women? Really? C’mone Amir, are you kidding? Based on your theory one of your two wives, Reena or Kiran, should have faced violence from you. Are you ready to accept that and go to jail? Or are you ready to correct and apologize to all the viewers that you deceived?
.
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:
[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
- Past 15 years Suicide graph of Spouses
http://www.rediff.com/news/report/ncrb-stats-show-more-married-men-committing-suicide/20111028.htm
- Here are couple of other news articles talking about the same https://prassoon.files.wordpress.com/2012/04/maritalstress.jpg
- http://epaper.dnaindia.com/story.aspx?edorsup=Sup&ed_code=820040&ed_page=4&boxid=26816370&id=14215&ed_date=04%2F10%2F2012
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==
.
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
- Complaint petition
- Copy of the news article
- Signed declaration. (http://presscouncil.nic.in/images/decl.doc)
- 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
.
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.”
IPC 498(a) boom in Kerala
Posted on: April 23, 2011
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.
Union Health Ministry has decided to make the per vaginal (PV) test optional for rape victims in order to save their right to privacy. In other words the “victim” can refuse PV test even if the interrogation officers insist so. Being a pro-rights activist I’m glad that India government is recognizing and respecting the rights of its citizens. But what I don’t understand is how is Government of India going to protect the fundamental right, to live with dignity, of more than half of the population? I mean, how are men going to protect themselves from false rape accusations?
Indian patriarchal laws even recognize consensual sex by false promise of marriage as rape. The new sexual assault bill under the consideration of parliament is going to bring all kind of sexual offenses under one umbrella and treat it as rape!
Not so long ago, Pune police reported that more than 70% of reported rape cases are consensual sex. Guys and girls fall in love and if at a later point when girl gets pregnant and her family don’t agree with the relationship, in order to save the face she reports rape. In some cases women report rape in order to blackmail successful guys for marriage. Some times this blackmailing is to wreck vengeance or for extortion. These are all well known facts and numerous men are languishing in jails for no fault of theirs and their loved ones undergoing endless trauma.
When a man attacks a woman, that act is definitely going to leave his skin cells on the victim’s body. Forensic evidences make the prosecution stronger and bring maximum punishment to the offender. Above all, it gives the accused a fair chance to prove his innocence. Not to mention that Indian patriarchal laws do not recognize a woman as sex offender! Invariably, this so called progressive move puts men in the most vulnerable situation where the chances of getting his dignity and social status smeared in dirt become ten fold high.
Men in general are not aware of the possible trauma that they, along with their family and loved ones, may face sooner or sometime in their life time. The most abused law that India has ever witnessed, the infamous IPC 498a, when enacted in 1983 was beyond the wildest imagination of law makers or common people that the abuse would go to this extent. When a shop owner reports theft and claim insurance the first thing that cops do is to make sure whether or not the theft is real. Application of common sense seems to be considered as an offense by Indian law makers when it comes to women centric laws.
Interestingly, most men even feel it “insensitive” to point out the necessity of forensic examination. I don’t know if it is obsession towards certain organs or starvation of physical needs that made them feel so. I’m asking those people who feel that talking against relaxing the rape probe is an insensitive act, will you be ready to feel sensitive and accept the jail sentence when a woman falsely accuse you of rape?
Stand up for your rights 