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Posts Tagged ‘indian marriage


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.


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
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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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“How much will this lawyer charge me?” This is the question that arises in the mind of every litigant, more than the questions about their original problem that took them to the lawyer. How many litigants got it answered before signing the ‘vakalathnama’? “None”, would be too hypothetical; a much more realistic answer is ‘to my knowledge, NONE’.

 

This article is an attempt to give you ‘some’ idea (I’m not a lawyer but I will try to get you as much information as possible) in this context. Act 25 of 1961 was introduced in the parliament to consolidate all the existing Acts related to judicial administration. This bill repealed Legal Practitioners Act, 1879, Bombay Pleaders Act 1920, the Indian Bar Council Act, 1926 and brought in The Advocates Act, 1961. For the purpose of the subject matter concerned, we will be interested in “Bar Council of India”, which, as per section 2(e) means, the Bar Council constituted under Section 4 for the territories to which this Act extends. The details of various bar councils are defined in the Act; precisely, there will be one Bar Council of India and under that there will be several State Bar Councils. Some of the States and union territories are clubbed together under one bar council. So if you interested in specifics, you may please check the Act itself.

 

As a litigant, it is nice to note that this is not just a council of members; as per section 42 of the Act, the disciplinary committee of the Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and every such disciplinary committee shall be deemed to be a civil court for the purpose of sections 480, 482 and 485 of Code of Criminal Procedure, 1898 (5 of 1898).

 

Power to make rules– Sec.34 gives High Court the power to make rules; Sec 49 gives general power to Bar Council of India to make rules; Sec 49A gives Central government the power to make rules. We are interested in Sec 34(1A) – The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’s advocate upon all proceedings in the High Court or in any Court subordinate thereto.

 

I’m quoting THE BAR COUNCIL OF KERALA, RULES 1979 here, for explanation; and only relevant points are mentioned here without going into the nitty-gritty. Readers from other parts of India may check out their own state’s rule.

 

RULES REGARDING FEES PAYABLE TO ADVOCATES

 

In exercise of the powers under Article 225 and 227 of the Constitution of India and of all other powers thereunto enabling and with the previous approval of the Governor of Kerala conveyed in G.O(MS) 60/69/Home, dated 7th February,

1969 the High Court of Kerala frames the following rules regarding the fees allowable to legal practitioners in the High court and in the Subordinate Courts, in super session of all the existing rules in the matter.

 

Please note that for the purposes of these rules the term ‘advocate’ includes a vakil or pleader authorized to practice before civil courts.

 

Scale of fees: – Section 6 says, in suits for money effect or other personal property or for land or other immovable property of any description, fees shall be payable on the following scale:-

(1) Small cause suits – at 7½% of the claim subject to a minimum of Rs.25

(2) Original suits-

(i) If the amount or value of the claim does not exceed Rs.5, 000/-

at *(12½%) subject to a minimum of Rs.50

(ii) If the amount or value exceeds Rs.5,000 but does not exceed

Rs.20,000 on Rs.5,000 as above and on the remainder at *(7 ½%).

(iii) If the amount or value exceeds Rs.20,000 but does not exceed

Rs.50,000 on Rs.20,000 as above and on the remainder at 3%

(iv) If the amount or value exceeds Rs.50,000 on Rs.50,000 as above and on the remainder at 1%

Provided that when a suit is compromised, settled or withdrawn, or is decided solely on the admission of the parties without any investigation or is decided exparte or dismissed for default before any evidence is recorded, the fee payable shall be one half of the scheduled rate or Rs.25 in the case of Small Cause Suits and *(Rs.100) in the case of Original Suits, whichever is higher.

 

Section 7 says,

in appeals for money, effects or other personal property, or for and or other immovable property, the fee payable shall be as calculated under Rules 6(2) subject to a minimum of Rs.50; but when such appeals are settled, withdrawn, compromised or dismissed for default, one half of the fee calculated as above, subject to a minimum of Rs.50 shall alone be payable.

 

All other sections talk about how much to pay at various stages, say, at the time of petition, declaration suits, inter-pleader suits, execution of decree so on and so forth which doesn’t carry a fees of over Rs.2000/- at any point. But, the last section (37) says as below…

 

37. Nothing in these rules shall be deemed to affect any agreement between an advocate and his client regarding fees.

 

Some people might go mad over this. There are already suggestions pending before the parliament asking to set a ceiling for the amount that can be charged by an advocate. I personally do not want any restrictions, per se, as long as the fees are decided by the market. What I mean is, allowing unions to decide the fees is not acceptable at all. Fees should be set by the MARKET – Demand and Supply.

 

I believe, as any other professionals, advocates should also have the liberty to set the fees for their labour. It is not fair to set a fixed salary for anyone who is not getting paid out of tax money. Can we fix the price of a driver, painter, doctor, engineer or software professional? Absolutely not! But, on the other hand there should definitely be some rules to let the litigants know upfront how costly the lawyer that s/he is going to hire. If there exists any such rule that I’m not aware of, please bring that up. Your comments and suggestions are most welcome. Let’s work together to get this done, for the benefit of present and future litigants.

[Updated on Nov 19, 2014] Here is the latest amended rule. Basically, you may add 100 to 500% to the figures mentioned above. http://www.egazette.kerala.gov.in/pdf/2012/25/Part_3/Judicial.pdf


Parliamentary Committee on the Ministry of Personnel, Public Grievances and Law and Justice, — headed by Congress Member of Parliament Jayanthi Natarajan has recommended marital property split to be added to protect the rights of women with respect to Hindu Marriage Act amendment. a.k.a THE MARRIAGE LAWS (AMENDMENT) BILL, 2010. I believe the said proposal needs an altogether different discussion than as part of the said bill. Apparently, it should be rephrased to “Marital Division” rather than “Marital PROPERTY division”. It is gross violation of natural justice to give wives a share of properties whereas husbands are left with the burden of all liabilities accumulated during the course of marriage. I hereby recommend to kindly consider the following points while drafting the new law regarding marital division.

  1. Assets as well as liabilities should be considered for marital division; where such a division of assets should be exactly proportionate to the monetary contribution made by the parties and division of liabilities should be exactly proportionate to the share of commitment towards the liabilities.
  2. If the demand for considering Wife’s contribution of time and energy to the family is to be counted, then Husband’s contribution of their time, energy and money towards the family should also be counted proportionately. It is a universal truth that a housewife spends her time inside the house and husband spends his time outside the house for bringing food shelter clothing and entertainment for entire family.
  3. If feminazis are asking to evaluate contribution of pregnancy, then sole custody should be granted to the Husband if she chooses to go with marital division and there should not arise any question of child support as well. Sole custody is child abuse so I personally DO NOT recommend this option.
    On the other hand if pregnancy is decided to be given a monetary value and husband has to pay that share, then he should be given his right to discuss and set that value before marriage through prenuptial agreement. Respective legislation should be brought in along with the said bill to give prenuptial agreement its legal validity.
  4. No marital division should be made if the marriage is shorter than the length defined in IPC 304(B).

    Section 113B of The Indian Evidence Act, 1872 forces the judiciary not to apply its mind and presume a person had caused the dowry death whenever such a question arises. In other words Indian justice system recognizes a person as husband only after the term defined in IPC 304(B), until then marriage is not solemnized and he is PRESUMED to be a dowry killer.
  5. Marital division and maintenance must be mutually exclusive.
  6. Child support and custody should be split equally (if pregnancy is not evaluated in marital division).
  7. Maintenance should be limited to the number of years of cohabitation.
  8. Maintenance should be calculated from 36% of spouse’s gross income less all monthly debt payments. (64% should be left for taxes and to lead a decent life; pushing a person to the streets just because s/he “committed” a marriage is against natural justice!).These figures are followed as a thumb rule by most banks as “debt-to-income ratio of 28/36”. This means that no more than 28 percent of your total monthly income (from all sources and before taxes) can go towards housing, and no more than 36 percent of your monthly income can go toward your total monthly debt. I humbly request to consider maintenance payment similar to debt payment.

Those who want to send this to Law Commission or your MPs can download this printer friendly file


It is a widespread misconception that feminism is a noble movement for equal opportunity, equal pay and gender equality but the so called activists are proving it otherwise over and over again! This is a humble attempt to take you for a deep dive into the demands of so called equal opportunity advocates; I would rather prefer to call them opportunists.

Demand Number North South
1 Women need reservation and special privileges because they are not at par with men and required to be uplifted. From bus station to parliament we have witnessed this battle for charity. There have been heated discussions going on to dilute the entrance exams for higher education too to increase the female head count. Women are equally good and capable as men and can do anything that a man can; So army should keep the doors wide open for them. Women should be paid equal for the same job.
2 Upon divorce women are left with nothing, along with the burden of kids. So they need rights on husband’s properties. For the best interest of the kids, it is the right of the mother to have kids live with her as they are good in multitasking and nurturing; and let the father pay child support.
3 Crime against women is sky rocketing and so we need more and more stringent laws to tackle this menace. a) Sexual harassment at work place bill should start providing at least 1/4th from the salary of the accused as monthly relief right when the complaint is lodged.

b) Protection of Women from Domestic Violence Act should start providing relief before investigation of complaint, including residence rights even on husband’s ancestral property.

c) Irretrievable breakdown of marriage clause for divorce should not be allowed to husbands unless financial hardship of women is sorted out.

d) Contribution of housewives has monetary value and so women need equal rights on marital properties.

e) All sorts of sexual assaults should be considered as rape and should be compensated based on the income of the accused.

4 Every four hours one dowry death is getting reported and so IPC section 498a for dowry harassment should not be diluted based on widespread allegation of rampant misuse. There is no misuse of IPC 498a reported so far. Women want fair settlement upon divorce.
5 More than 20000 NRI bride dumping cases are pending in Punjab alone. Marriage laws need amendment to secure innocent brides’ future. The proposed new marriage registration form will have columns for social security number of the overseas husband, passport details and ID/labour card details so as to attach the properties of husband abroad in order to secure innocent brides’ future.
6 Unlike in all other nations of the world, men in India do not need parliament’s protection for sexual harassment at workplace because situation in India is different and we don’t need to bring western laws as is. Almost all western nations recognize the need of division of marital properties and so should India do.
7 Women in rural parts of India are facing brutal violence from husband and family members and therefore we need more laws like Protection of women from domestic violence Act; say honor killing, lecherous killing, acid attack, eve teasing as rape etc. Misuse of dowry laws and domestic violence act for extortion by urban women are not valid grounds to take the teeth out of those laws. If those laws are not been used by rural women it is because they are not aware of such laws. Government should allocate more funds for women NGOs to publicize the “benefits” of these laws.

No matter how legitimate the demands are one thing is common that all demands end at one of the various definitions of Money. (Alimony, property, child support, maintenance, settlement, compensation, finance, funds etc).

It is imperative to think how these so called “helpless” “vulnerable” and “worthless” women become strong enough to control the media and propagate their ludicrous lies. Who is funding them? Why would someone fund feminism? If the intention is social reforms why wouldn’t they fund to eliminate poverty? Reduce maternal mortality? Reduce road accidents? Eradicate contagious deceases?

Are feminists getting used by industrialists the same way as politicians and external forces use religious sentiments to create unrest in the society? Who would be the beneficiaries? What does it make so profitable to fund feminism? Who would benefit from dividing men, women and families (the basic structural unit of the society) and force them to stay under different roofs? What would be the motive and real intention of those who control half of the wealth on this planet? Are morals, values, principles and ethics of life getting replaced with MONEY?


Again the subject is the same, the so called “Violence Against Women” but this time its going International. This is an overview of International Violence against women Act which was under discussion and now got approved by the Foreign Affairs Committee of the Senate a couple of weeks ago. Its now waiting to be brought for the full Senate vote.

Under the facade of “Violence Against Women” USA is bringing up a notorious Act to control the internal affairs of those countries they choose. This Act when implemented will directly affect 20 countries in general and MEN and children (and women in the long run) of those countries in particular. This is an attempt to make people aware of what is going to come in the name of “protecting women” and a request to do what ever you can to stop this vicious trend. When implemented this will uproot all the traditions, religious values, institution of family itself and will get replaced with money oriented worker slaves for the corporates including porn industry!

Lets take a look at the package, i mean whats inside the package not the label, which is “Violence Against Women”. I’m not listing everything in the bill and make you bored but just mentioning those sections that needs to be addressed. You can read the full text of the bill here

As presented in the Senate
As presented in the House of Representatives

SEC. 2. FINDINGS.
(3) Women who have experienced violence are also at higher risk for contracting HIV,

I don’t know why they didn’t include gonorrhea, Hepatitis, tuberculosis, skin deceases and all other contagious deceases. WHY is it ONLY HIV!!!! Is this talking about sexual assault? Then the Act should cover homosexual contacts too, shouldn’t it?

Here is another finding which i totally failed to understand. It says Violence Against Women

7(D) is perpetuated by poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls.

In other words people are getting Violent against poor uneducated jobless women. Is that correct? Is that how one should understand that? If that’s the case, then how about poor uneducated jobless MEN? Are they safe? Isn’t there a need to protect them?

Violence Against Women is perpetuated by parental concerns to ensure sexual relations within marriage!!! I’m speechless. If any of you has any wild idea about this please, please let me know.

Violence Against Women is perpetuated by dowry system.
I don’t think there is dowry system anywhere else than in India. India government is suggesting to make dowry system more transparent by registering dowry articles. Several rulings of Indian Supreme Court clearly says customary gifts are not dowry and wont come under the purview of Dowry Prohibition Act. Dowry is an extra benefit that only girls get apart from their statutory right to inheritance, But White House seems not happy with that.

Violence Against Women is perpetuated by the perceived lack of value of girls. It’s not clear that what is the definition of “Value” here, and from what perspective. If it is from monetary perspective, even educated women who has no job doesn’t have any value and so do MEN. If it is from a relationship perspective women can still undertake all the responsibilities of a family where as MEN completely fail to undertake any of his responsibilities of the family; apparently, he even fail to make a family. When i say responsibilities of a MAN, that is exactly in line with what courts around the globe has been enforcing, “Pay alimony, Pay Child support, no child custody and absolutely no conjugal rights“. If such perceptions are reasons for violence, why are MEN excluded to get protection under this proposed Act?

SEC. 3. STATEMENT OF POLICY.
(4) support and build capacity of indigenous nongovernmental organizations that are working to prevent and respond to violence against women and girls internationally, particularly woman’s nongovernmental organizations and groups involving male advocates;

In India, a non-governmental organization is something that anyone can launch. By definition it can be a Charitable Trust, Society or a Company registered under sec 25 of Companies Act. There are no rules or specific audits to enforce a particular mode of work or motive set by law for these organizations. What government look for is any tax manipulation and nature of business other than what is mentioned in the Articles of association. Under this circumstances it is a matter of high security concern to allow a foreign nation to directly involve and control local organizations and groups.

(8) enhance training by United States personnel of professional foreign military and police forces and judicial officials to include specific and thorough instruction on preventing and responding to violence against women and girls internationally;

(9) increase communication and cooperation with nongovernmental organizations with demonstrated experience in woman’s empowerment, combating violence against women and girls internationally, and engaging men and boys as partners, including consulting with such organizations during strategic planning exercises;

Does that sound like a military base with a label of Non Governmental Organization? I will talk more about this section later.

(11) include–
(A) prevention of child marriage as an important part of preventing violence against girls; and

As per Islamic laws any woman who attained puberty is legally eligible to marry. Reading that together with this section might make you think that this is for those nations who has Islamic laws. It sounds more like another card as “Weapons of mass destruction“.

(5) VIOLENCE AGAINST WOMEN AND GIRLS- The term `violence against women and girls’–

(A) means any act of violence against women or girls that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women or girls, including threats of such acts, coercion, or arbitrary deprivations of liberty, whether occurring in public or private life; and

(B) includes–
(i) physical, sexual, and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital cutting and mutilation, forced child marriage, and other traditional practices harmful to women and girls, nonspousal violence, and violence related to exploitation;

(ii) physical, sexual, and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and girls, and forced prostitution; and

(iii) physical, sexual, and psychological violence perpetrated or condoned by the government of the country of which the victim is a resident, regardless of where the violence occurs.

The key focus of White House is on other country’s “Family”, “Traditional practices” and “Government”. Since the definition is so wide anything can be termed as violence. Psychological harm or suffering to women or girls can even be a suffering for not letting them watch a movie! In other words if US military wants to enter a foreign nation, essentially, there will not be any particular reason. “Violence Against Women” is another card like “Weapons of mass destruction” and women NGOs will be used as a facade.


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