| 个人资料Dowry照片日志列表 |  工具  帮助 |
|
12月4日 After a clash of civilizations, its a clash of the sexes !After a clash of civilizations, its a clash of the sexes !The question is not just about dowry laws but it relates to the complete degradation of masculinity and men in general. The laws like 498A and the other laws relating to gender have been moulded in the favor of women and partially against the man only after a detailed and sustained attack on masculinity had been made. For the past three decades there has been sustained attack on men and their sexuality. In the media and the other discussions men now see themselves portrayed as the worst kind if animals - ruthless, cruel, violent, substance abusive, sexually pervert and greedy creatures who are generally after "one thing". They are portrayed as ones who are constantly harming the women and children.Women and children need the protection from these cruel men. So, Men and their masculine traits are in great dishonor. This is spreading all over the world. From the Serbian "rape camps", to the scourge of child sexual abuse, weekly accounts of the press on murder stories, men are seen as a problem which can be dealt only by some "special laws" similar to anti terrorist laws. The positive faces among men are somehow painted as non men or at least gender neutral, while all negatives are labeled as crime that "men" commit. This robs men of their position of pride and forces them to accept a position much inferior to their fair status. The phenomenon had been worldwide and in India it started in seventies. The task before feminists in India was a tough one to start with. They first attacked Lord Ram and gave him a bad name, labeled him a cruel and insensitive husband. Many press articles debated on this matter of exile of Sita but feminists unfortunately tasted their first victory. After the position Of Ram had been degraded common men were an easier task. Within a decade they created furore over violence, dowry, rape (mathura rape case was a turning point ) and other make believe cooked up statistics. Soon authorities "anguished" over "rising" gender violence & gave women legal weapons one after another. First was the rape law then the divorce law and then the 498A and now the domestic violence bill. More would follow Even women associated or related to men are tarnished and rubbisshed. That's why elderly women "..the husband's mother.." is arrested. Pregnent sisters, who had the misfortune of having a male sibling are labelled as co accused in FALSE dowry cases, arrested and humiliated. Unammried sisters are also arrested or threatened. Unless we negate the feminist propaganda as a whole and create an impression opposite the one feminists have created we are unlikely to suceed in our mission. 11月28日 Will Someone For God's Sake Marry Maureen?Will Someone For God's Sake Marry Maureen? Maybe She'll Shut Up November 21, 2005 I read with ashen resignation that Maureen Dowd, the professional spinster of the New York Times, will soon birth a book, no doubt parthenogenetically, called Are Men Necessary? The problem apparently is that men have not found Maureen necessary. Hell hath…. Clearly there is something wrong with men. I weary of the self-absorbed clucking of aging poultry. Why is Maureen hermetically single? For starters, she is not just now your classic hot ticket. She’s not just over the hill, but into the mountains, to Grandmother’s house we go. She probably gets more daily maintenance than a 747, but she still looks as though a vocational school held an injection-molding contest and everyone lost. That leaves her with only her personality as bait. The prognosis is grim. Was that ungentlemanly? She makes a career of being disagreeable about men. What’s sauce for the gander is sauce for the goose, say I. Reading her unending plaints, one concludes that she is deeply in love—with herself, and too loyal ever to cheat with a man. Behind her writing you always hear the little voice, “I’m so wonderful, so elite…why doesn’t somebody marry me?” (Well, Maureen, I can give you a few ideas. You’re a pain in the ass….) “I’m so smart, I’m so powerful, I’m so, sooo elite, so talented, so…special.” As, in their way, are ingrown toenails. “I’m successful, shriek. Men hate me because I’m smart. They feel threatened because I’m so wonderful.” Actually, Maureen, you are no more threatening, or appealing, than somebody else’s gym socks. I suspect that men don’t like you because you aren’t likeable. Now, precisely why are you so wonderful? Clearly you aren’t stupid. You are a competent if sophomoric writer. Dummies can’t do that. But I’ll tell you what, Sweet Potato: I don’t think I know anyone who would want to go out with you. As best I can tell, should you have an original thought, it would need counseling, for depression and loneliness. Smart women are an attraction of Washington, at least the parts off the cocktail circuit. They made fifteen years in that wretched city bearable for me. I knew women with serious brains, golden-girl biochemists at NIH, a gal who ran a federal positron-emission tomography lab, weirded-out computer techs, startlingly good writers and chicks who had popped scores you wouldn’t believe on tests at NSA that aren’t supposed to exist. They’d eat you for lunch, Maureen. Now, I know that people at the New York Times have ample self-esteem, and indeed come coated with it to a depth of inches. How about we have a little understanding here. In journalism as in politics, advancement has little to do with merit. Have you checked the contents of the White House lately? Dan Rather and Connie Chung are pinnacles of anything at all? I’ve been around this game as long as you have and I know how the scam works. Getting to the upper ranks of journalism is a matter of luck, sexual sharing, brown-nosing, and staying carefully within the bounds of the regnant politics of the newsroom. Maureen’s agonizing does however provide exegesis of the American female mind at a curious moment. Again and again their question seems to be, what form of pretense is needed to achieve marriage? Must I feign sex-kittenhood? Be a calculated suck-up who always laughs at his jokes? Hide my brains? The underlying idea is that they must commit some fraud to attract a man. This of course implies that they aren’t attractive without committing fraud. I’ll give them that. Those of us who have wives from Mexico, Thailand, the Philippines, Chile, or China view Maureen as being a very strange creature indeed, perhaps expelled from a geothermal vent. (“Hi! I’m Fred. What’s your phylum?”) Like Maureen, so many gringas don’t seem to know who they are, what they are, what they want to be, or how to get there. I think of a tinkertoy construction made by an insane two-year-old: a lot of protruding parts that don’t fit together. By contrast foreign women are psychologically coherent. They are sexy because they are women and like being sexy, not as a Vaudeville act or marketing tool. Resentment is not their primary emotion. They love their children and regard raising them as a pleasure, not an imposition of which they are ashamed. If you read Maureen and her littermates, you realize that they are those most uncomfortable of women, heterosexual man-haters. For example, Maureen, from her new book: “Men, apparently, learn early to protect their eggshell egos from high-achieving women. The girls said they hid the fact that they went to Harvard from guys they met because it was the kiss of death.” Who would marry that? Yet it is classic Maureen, snotty, catty, hostile. As for her own Kevlar ego, there’s this, from her interview with Howard Kurtz: “Even after a decade of writing a New York Times column, she admits to being ‘very thin-skinned’ about criticism. ‘I'm just not temperamentally suited to it,’ Dowd says. ‘The first couple of years I spent curled up on the floor and crying.’” Oh. The drumbeat of animosity is never missing from her hetero-anguished feminism. Men are vain, frightened, immature, unreliable, treacherous, fascinated by gewgaws, obsessed with sex, and unfaithful. Several questions arise. If men are so bad, why does Maureen want one? What kind of men has she been running around with? Those closely resembling herself, it sounds as if. Most to the point, why would any man want anything to do with such a woman? This confusion and hostility has made the American woman into an internationally acclaimed shrew. Yes, there are degrees, and perhaps more exceptions than examples, but talk to white men from Washington to Hong Kong and you see the same shudder. These gals are wound too tight. Recently I was aboard a highway bus in an American enclave in Mexico. A gringa wanted to get off where there was no stop. The driver didn’t understand her. In Mexico they speak Spanish, a point which apparently had eluded her. She began yelling at him abusively. (Verbatim quote: “You’re the worst! You suck! You’re the worst!”) They do this. People notice. A friend somehow found himself talking with a gringa who had one of those puffy little white dogs you could buff a truck with. He said, “Cute little thing. I’ve got a real dog.” This mild witticism set her into yelling. Par. Howard Kurtz, Washington Post, Saturday, November 5, 2005
11月26日 Kushboo and her commentsI've blogged Kushboo's original comments in Tamil. You can see them on the following URL http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0-?p=78 http://www.livejournal.com/users/e_vinayak/1959.html http://batteredmale.blogspot.com/2005/11/kushboo-interview-from-india-today-sex... A free translation with no recourse follows. If there are other Tamils, you are welcome to provide alternate / better translations. This translation may also be blogged / posted with some credit to me... but with no copyrights.. : ========= start kushboo's comments with some notes from me ========== *From Sep 28 2005 India Today* "Kushboo : ..Chennai *was* behind Bangalore with regard to women expressing sexual matters ...." (Note : I've used "matters" here as her Tamil word does not exactly translate to desires). Kushboo : ".....Now women in Chennai are also crossing these mental taboos on sexual matters. We get to see a lot of women (girls? ) in Pubs and discos (at Chennai). (These days) Women can talk freely on matters regarding sex. Slowly the woman is opening her wings and has started flying out in this restricted society. Still, accidents to women like Stephany raises some questions about how healthy this trend is?. Sex education is very essential in schools. Even if sex education is not provided in schools, parents have to teach their children about sex....." Kushboo : "...For me sex is not just a physical thing. Its mental too. I can't understand how women can change their boy friends every week..." (Note : Kushboo says that she can't accept this habit of changing boy friends per week.... NOT that this does NOT happen !!. That means there are many girls who have weekly boyfriends and Kushboo who is aware of pubs and discos must have a good overview of this. Note : Its quite possible that after a few years, meaning 52 x 4 = 208 boyfriends when these new age women get married, they would get rather tired of men and soon seek the 498A route :-() Kushboo : "....If a girl is going strong with her boyfriend, she can go out with him after informing her parents..." (Note : No issue of seeking permission here. I've carefully read the Tamil word / words. It just says inform. Not seek permission) Kushboo : "...If a girl has a Strong relationship, the parents have to allow that...." Note : all about relationships BEFORE marriage. Social acceptance of the same etc... and then comes the clincher) Kushboo : "...Our society has to be liberated from thoughts like "a woman has to be a virgin at the time of marriage". No educated man would expect his wife to be a virgin. However, women have to safeguard themselves from pregnancy or other disease, while having pre - marital sex....." Note : So the issues are just physiological and economic at the maximum. don't get pregnant before marriage and don't be left holding the baby !!. The issue is NOT about chastity.. Kushboo : "...I married the man I was in love with. Since we were sure about our relationships, we had sex before marriage. Its now six years since marriage. Since we have two children, our responsibilities have grown. Since the children sleep in the same room as we do we need to find other private times (/moments) for us. Still we have a happy married life. Married people should know how to satisfy their spouse's physical needs. There would be no problems, if desires are understood mutually. ..." (Note : She has had pre marital sex. She says she married the same person. She was an actress BEFORE she was married.) Kushboo : "...Some increase gratification by using sex books, photos etc. One cannot say that is wrong. At the same time At the same time, one should understand the other's likes, dislikes and comforts, discomforts. Men who mistake women talking about sex should change their views. Mutual consent is essential for sex. ..." (Note : Last para is some general whitewash .. The whole interview speaks tons about pre marital sex, sex between partners, safe sex and so on. At one point she cautions women *not* to get pregnant by Pre marital sex !!) ========= end of Translation and comments ================= -- http://batteredmale.blogspot.com/ http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0- http://my2cents.rediffblogs.com/ http://spaces.msn.com/members/Vinayak123/ http://s2.phpbbforfree.com/forums/dowry-forum-1.html http://phpbb-host.com/phpbb/viewforum.php?f=2&mforum=dowry http://groups.google.com/group/DLMI?lnk=li http://groups.google.com/group/DivorceCases?lnk=li http://groups.google.com/group/DivorceFAQ?lnk=li 11月24日 "Misuse of Indian Penal Code section 498A"
 11月17日 marriage discords, separations and divorcesmarriage discords, separations and divorces There are many cases of marriage discords, separations and divorces happening in Indian urban society. Lots of issues arise due to differences within the couple and their family members. When the situation become uncontrollable, as a simple no fault divorce is NOT available under the Hindu Marriage act, both wife and husband have to approach courts with their exaggerated accusations towards each other. We cannot hold only one gender - as usual 'male' responsible for such problems, but both genders and all of us are equally responsible and are involved in every such social problem. The Indian family and social customs, values, standards, roles and responsibilities are drastically changing due to education, social and media exposure, competition, new opportunities in life, high lifestyle demands, intolerance, fast-life and higher cost of living standards. All this including various other reasons impact the family and society. The society is getting into chaos, being fragmented day by day when it's heading for leading an individualistic, helpless and lonely life. While women have been working, earning for themselves, fighting for equality and competing with men, they are still looked at as the weaker sex !!. While society is changing every day the Hindu Marriage Act has not been modified for a decade !! Imagine NOT changing our cell phones for a decade :-) well we didn't have any a decade ago and wouldn't have any now :-( Many children are getting single parenting and loosing their desired love of a father or mother. Many old parents, teenagers, minors, unmarried and married women in families have suffered due to such disturbances. Many of them are labeled 'criminals' in exaggerated complaints mainly of 'dowry-demand harassment' filed under criminal laws of 498A and 406 of IPC, and get tortured in jails due to complaints by their Daughter-In-Laws. Most often the `top brass' of Indian Society including NRIs, IAS, doctors, software professionals, engineers and highly educated people have been tortured and have suffered due to biased provisions of Indian laws that do not provide enough ability to prove themselves innocent. The middle class gets especially hit as they are looked at as milch cows by the unscrupulous lawyers and the police There should be a combined, sincere and selfless effort by social institutions, organizations, legislature, legal system and individuals to better understand the causes of any such problem right from its beginning and then to deal with unbiased and positive attitude. As such cases are drastically increasing, so cannot be minimized by holding one person- the accused responsible, but all of us shall work collectively to genuinely workout peace and harmony in family and society. If you wish to participate in our collective measures, please post a message here or write to one of the groups / blogs mentioned below 11月16日 Justice Kapoor on misuse of 498AIN THE HIGH COURT OF DELHI AT NEW DELHI CRLMM 3875/2003 28.01.2004 Court on its own motion Versus Central Bureau of Investigation ... Respondents through : Mr. K.K. Sud, ASG, with Mr. Neeraj Jain, Advocate for respondent-CBI. Mr.Sidharth Luthra,Mr. Vaibhav Gaggar,Advocates for the accused. CORAM: HON'BLE MR. JUSTICE J.D.KAPOOR 1.Whether the reporters of local papers may be allowed to see the judgment? 2.To be referred to the reporter or not? 3.Whether the judgment should be referred in the Digest? J.D.KAPOOR, J 1.Having come across the following news item in a national daily ''Statesman''of 16th September, 2003 this Court took suo moto notice as prima facie illegality in the order was writ large on the face, summoned the record, noticed the CBI and stayed its ope ration. The news item reads as follows:- ''Special Court returns CBI charge-sheet Statesman News Service NEW DELHI, Sept. 15.- The Central Bureau of Investigation was at the receiving end of the ire of a special court today with the judge declining to accept its chargesheet against an IRS official-allegedly involved in a fake visa racket during his posting in Tanzania and snubbed it for not arresting him during the investigation. Additional session Judge Mr. Prem Kumar returned the chargesheet to the agency saying it was not observing a uniform policy or norm in arresting accused persons during investigations. The court rejected CBI contention that provisions of Section 170 Cr.P .C., which requires the investigating officer to forward the accused under custody to a magistrate, did not apply in the present case. The agency chargesheet accused Rajeshwar Singhal of misappropriating Rs.23.09 lakh while acting as first secretary at the Indian High Commission in Tanzania in 1998-2000. The agency has alleged that during his posting at Tanzanian capital Dar-es-Salaam, Singhal issued visas to the applicants by falsifying the receipts of various categories. Besides being charged under Prevention of Corruption Act for misusing the official position, he was also slapped with charges under Section 409 (criminal breach of trust) of the IPC among others.'' 2.In the instant matter, case was registered against the accused in February, 2001 and chargesheet was filed in August, 2003. During this period, the accused was not arrested as CBI did not deem his arrest necessary for investigation. But now learned Sp ecial Judge wants CBI to arrest him and has ordered that unless he is produced in custody he would not accept the chargesheet little realizing that there is prescribed limit of time for offences during which the court can take cognizance. 3.So much so he came very heavily upon the CBI by observing that the CBI was not adhering to the norm in arresting the accused during the investigation and flouting the provisions of Section 170 Cr.P.C. requiring the Investigating Officer or Officer-in- charge of the Police Station to forward the accused in custody to a Magistrate where there is sufficient evidence and reasonable ground to put him on trial. 4.Now the question arises whether it is legally permissible for any criminal court to refuse to accept the chargesheet where accused is neither arrested during investigation nor produced in custody by the Investigating Officer at the time of filing the c hargesheet wherever there is sufficient evidence to try the accused. Answer is emphatic ''NO'' as Section 173 of the Code of Criminal Procedure does not permit the criminal court to adopt such a course. Such a course is even otherwise fraught with seriou consequence of failure to take cognizance of the chargesheet if it becomes barred by time in the process of procuring the custody of the accused for production before the court as law provides a limitation for taking cognizance of the chargesheet. Mom nt the chargesheet is filed, it is the duty of the court to accept it. It has no powers to return the chargesheet directing the Investigating Officer to first produce the accused in custody. It is not imperative or necessary for the officer-in-charge f the police station to forward each and every accused in custody at the time of filing of the charge-sheet wherever there is sufficient evidence to try the accused. 5. According to Section 173 of Cr.P.C three courses are open to the Magistrate or a Court:(i) It may accept the report and take cognizance;(ii) It may disagree with the report and drop the proceedings; (iii) It may direct further investigation. 6.It is co-incident that a similar course was once adopted by a Magistrate in Gujarat way back in 1983 which was deprecated by the High Court in Deendayal Kishanchand and others vs. State of Gujarat, 1983 Crl.L.J. 1583, with the observations that a ref usal by criminal Courts either through the learned Magistrate or through their office staff to accept the charge-sheet without production of the accused persons is not justified by any provision of law and therefore whenever the police submit the charge- heet, it is the duty of the Court to accept it especially in view of the provisions of Sec. 468 of the Code which creates a limitation of taking cognizance of offence. 7. Let us first see what is command of Section 173 Cr.P.C. under which chargesheet is filed and then I shall advert to the provision of Sectiion 170 Cr.P.C. under which the learned Special Judge has returned the chargesheet. 8. Section 173 Cr.P.C. provides as under:- ''S. 173 (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2) (i) As soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating - (a) the name of the parties; (b) the nature of the information; (c) the name of the persons who appear to be acquainted with the circumstances of case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond, and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under Section 170. (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given. (3) Where a superior officer of police has been appointed under Section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Ma istrate, direct the officer-in-charge of the police station to make further investigation. (4) Whenever it appears from a report forwarded under this Section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. (5) When such report is in respect of a case to which Section 170 applies the police officer shall forward to the Magistrate along with the report - (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public inte est, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5). (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to Magistrate and, where upon such investigation, the officer-in-charge of the police station btains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such eport or reports as they apply in relation to a report forwarded under sub-section (2).'' 9.Bare perusal of Section 173 Cr.P.C. shows that whenever a final report under Section 173 Cr.P.C. is filed for consideration by the Magistrate, two situations may arise. First, that the report may conclude that the offence appears to have been committ ed by a particular person or persons and second, that in the opinion of the officer-in-charge no offence appears to have been committed. 10.In the first eventuality, that is where the report discloses the commission of an offence, the aforementioned three courses are open to the Magistrate viz. (a) he may accept the report and take cognizance of the offence and issue process; (b) he may disagree with the report and drop the proceedings; (c) he may direct further investigation. 11.In the second eventuality i.e. where the report states that no offence appears to have been committed, the Magistrate has again three options: (a) he may accept the report and drop the proceedings; (b) he may disagree with the report and take th e view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process; (c) he may direct further investigation to be made by the police. 12.Perusal of Section 173 Cr.P.C. further shows that as soon as investigation is completed the Officer-in-charge of the police station is required to forward the police report to Magistrate empowered to take cognizance of the offence in the form prescrib ed thereunder with the information contained in sub-clauses (a) to (g). 13.The very word ''Whether'' referred in clause (g) of sub-section (2) (i) shows that it is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the chargesheet in non-bailable offences where there is sufficient gro und to try the case. Had there been any imperative need to forward every accused in custody, then there was no need for particulars regarding sub-clause (d) and (e) i.e. ''whether any offence appears to have been committed, and, if so, by whom'' and ''wh ther the accused has been arrested.'' This conclusion is derivative of Section 170 Cr.P.C. 14. Let us now see the import of Section 170 Cr.P.C.. It reads as under: - ''S. 170 (1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistr te empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magis rate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.'' 15.Word ''custody'' appearing in this Section does not contemplate either police or judicial custody. It merely connotes the presentation of accused by the Investigating Officer before the Court at the time of filing of the chargesheet whereafter the role of the Court starts. Had it not been so the Investigating Officer would not have been vested with powers to release a person on bail in a bailable offence after finding that there was sufficient evidence to put the accused on trial and it would have een obligatory upon him to produce such an accused in custody before the Magistrate for being released on bail by the Court. 16.In case the police/Investigating Officer thinks it unnecessary to present the accused in custody for the reason that accused would neither abscond nor would disobey the summons as he has been co-operating in investigation and investigation can be comp leted without arresting him, the I.O. is not obliged to produce such an accused in custody. 17.Thus, the only meaning of sub-clause (g) of sub-section (2) (i) of Section 173 Cr.P.C ''whether the accused has been forwarded in custody under Section 170'' is with regard to the information that whether the accused is being forwarded under custody or not. Nothing more nothing less. Section 173 Cr.P.C. confines to providing the said information. 18.Thus, at the most the Magistrate; for that purpose the Court empowered to take cognizance has the power to ask the prosecution to provide with further information in respect of clauses (a) to (g) of sub-section (2) (i), if these are deemed deficient a nd in no case has the power to return the chargesheet on the ground that the officer-in-charge of the police station or CBI has while filing the chargesheet not forwarded the accused in custody in ''cognizable'' and ''non-bailable'' offence where there is ev dence to try the accused in spite of the fact that the IO did not deem it necessary to arrest such a person even for the purpose of completing the investigation. 19. It appears that the learned Special Judge was labouring under a misconception that in every non-bailable and cognizable offence the police is required to invariably arrest a person, even if it is not essential for the purpose of investigation. 20.Rather the law is otherwise. In normal and ordinary course the police should always avoid arresting a person and sending him to jail, if it is possible for the police to complete the investigation without his arrest and if every kind of co-operation i s provided by the accused to the Investigating Officer in completing the investigation. It is only in cases of utmost necessity, where the investigation cannot be completed without arresting the person, for instance, a person may be required for recover of incriminating articles or weapon of offence or for eliciting some information or clue as to his accomplices or any circumstantial evidence, that his arrest may be necessary. Such an arrest may also be necessary if the concerned Investigating Officer or Officer-in-Charge of the Police Station thinks that presence of accused will be difficult to procure because of grave and serious nature of crime as the possibility of his absconding or disobeying the process or fleeing from justice cannot be ruled ou . 21.The liberty of a citizen is of paramount importance and a constitutional guarantee and cannot be incised and therefore the police or Investigating Agencies should not remain under the impression that in every cognizable and ''non-bailable'' offence the y should invariably arrest the offender. Power to arrest is altogether different than the need for arrest. Unless a person is required for custodial interrogation and investigation cannot be completed without his arrest, arrest may be necessary. In c se investigation can be completed without his arrest and he extends all kind of co-operation, he should not be arrested. No authority howsoever powerful or mighty can be allowed to deny a person his liberty as it hits at the very foundation of democrati structure. In this regard, I cannot resist the temptation of reproducing the observations made by the Supreme Court in Joginder Kumar vs. State of UP and ors. (1994) 4 SCC 260 which are very pithy and have force in law. These are as under:- ''No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart fro his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a Police Officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as o the genuineness and bona fides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter.'' 22.Because of the view taken by the Special Judge and return of the charge-sheet by forcing the CBI to arrest the accused which it otherwise never felt the necessity of arresting him even for the purpose of investigation, and apprehension of the accused being denied the benefit of bail in spite of offence being devoid of high magnitude and severe punishment this Court feels constrained to give certain directions based on the legal position and several judgments including those delivered by me recently (i) Suresh V. Chaturvedi vs. M/s. AES Control Pvt. Ltd., Crl.M. (M) 2970/2003 decided on 24th July, 2003, (ii) Pratap Singh Gaekwad and Ors. vs. State of NCT of Delhi and Anr. Crl.M. (M) 1848/2003 decided on 30th October, 2003, (iii) Sudhir Natha i vs. Central Bureau of Investigation, Crl.M.(M) 2848/2003 decided on July 24th , 2003} to the police and the investigating agencies as well as to the courts competent to take cognizance of the offence and try the accused for guidance and compliance. T ese are :- Directions to the Police/Investigating Agencies like CBI etc. :- (1)Investigating Officer, be of police station or special agency like CBI shall not arrest any person accused of having committed a cognizable and non-bailable offence until it is very necessary for the purpose of investigation or custodial interrogation say for recovering incriminating articles or weapons of offence or eliciting information as to his accomplices etc. or for any other purpose that may help in gathering evidence to prove his guilt. (2) Arrest should always be avoided if the investigation can be completed even otherwise and the accused gives full co-operation in completing the investigation. (3) Arrest may be necessary, if the offence alleged is of grave nature and prescribes severe punishment and there is a likelihood of an offender either absconding or not appearing on being summoned or his fleeing away from justice or judgment. 23.For instance it is the experience of this court that in offences under Sections 498A/406 IPC which are much abused provisions and exploited by the police and the victims to the level of absurdity and are of such nature which can be investigated withou t arrest and do not fall under the aforesaid category viz. being of highest magnitude and prescribing severest punishment or minimum punishment, every relative of husband, close or distant, old or minor is arrested by the police. By arresting such relat ves whose arrest may not be necessary for completing the investigation as it can be completed by recording the statement of victim, her parents and other witnesses, police assumes the role of breaker of homes and not the maker as once any relative of he husband is sent to jail, the marriage ends for all practical purposes and divorce and other miseries are bound to follow. Unless the allegations are of very serious nature and highest magnitude arrest should always be avoided. 24.In this court everyday ten to twenty matters for quashing the FIRs under Sections 498A/406 IPC are taken up as all marriages end in divorce where relatives of husband or other are sent to jail. Unfortunately, sufferers are young girls between the age s 20 to 28 years. Very few cases end up in full trial and conviction. These are the offences whose deterrence has proved worse than remedy. 25.It was in view of this malady that this Court had strongly recommended to make the offence under Section 498A IPC bailable and compoundable if society wants to salvage and save the institution of marriage. This Court again reiterate its recommendatio ns to the Government. 26. Arrest of a person for less serious or such kinds of offence or offences those can be investigated without arrest by the police cannot be brooked by any civilized society. Directions for Criminal Courts :- (i)Whenever officer-in-charge of police station or investigating agency like CBI files a chargesheet without arresting the accused during investigation and does not produce the accused in custody as referred in Section 170 Cr.P.C the Magistrate or the co urt empowered to take cognizance or try the accused shall accept the chargesheet forthwith and proceed according to the procedure laid down in Section 173 Cr.P.C. and exercise the options available to it as discussed in this judgment. In such a case the Magistrate or court shall invariably issue a process of summons and not warrant of arrest. (ii) In case the court or Magistrate exercises the discretion of issuing warrant of arrest at any stage including the stage while taking cognizance of the chargesheet, he or it shall have to record the reasons in writing as contemplated under Section 87 Cr.P.C. that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him. (iii) Rejection of an application for exemption from personal appearance on any date of hearing or even at first instance does not amount to non-appearance despite service of summons or absconding or failure to obey summons and the court in such a case shall not issue warrant of arrest and may either give direction to the accused to appear or issue process of summons. (iv) That the Court shall on appearance of an accused in a bailable offence release him forthwith on his furnishing a personal bond with or without sureties as per the mandatory provisions of Section 436 Cr.P.C (v)The Court shall on appearance of an accused in non-bailable offence who has neither been arrested by the police/Investigating agency during investigation nor produced in custody as envisaged in Section 170 Cr.P.C. call upon the accused to move a bail application if the accused does not move it on his own and release him on bail as the circumstance of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Reason i simple. If a person has been at large and free for several years and has not been even arrested during investigation, to send him to jail by refusing bail suddenly, merely because chargesheet has been filed is against the basic principles governing gra t or refusal of bail. (vi)That the Court shall always keep the mandatory provisions of Section 440 Cr.P.C. in mind while fixing the amount of bail bond or surety bond which provides that the amount of bond shall never be ''excessive'' amount and take into consideration the fina ncial condition, the nature of offence and other conditions, as ''Excessive'' amount of bond which a person is not in a position to furnish amounts to denial of bail in a non-bailable offence and conversion of bailable offence into non-bailable offence as he fundamental concept of granting bail on bond is security of appearance of the accused person to answer the charges and face the trial. Nothing more nothing less. Principles that govern the grant of refusal of bail in other kinds of cases and shall be followed in letter and spirit are as under:- (a) Bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it prescribed by law is of extreme severity; (b) Bail may be refused when the court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the stage of judgment; (c) Bail may be refused if the course of justice would be thwarted by the person who seeks the benignant jurisdiction of the Court to be freed for the time being; (d) Bail may be refused if there is likelihood of the applicant interfering with witnesses for the prosecution or otherwise polluting the process of justice; and (e) Bail may be refused if the antecedents of a man who is applying for bail show a bad record, particularly a record which suggests that he is likely to commit serious offences while on bail. (f) Similarly, the Court shall not while releasing a person on bail put any condition, say in the form of deposit of extra amount or FDR etc. of any amount which is beyond the conditions permissible under Section 439 Cr.PC. 27.This Court has laid down aforesaid law in various cases decided from time to time for the guidance and compliance of the subordinate courts but it is with great anguish and pain that this Court observes that it has come across a large number of orders passed by the subordinate courts in complete violation of the law laid down by this Court and Supreme Court in many more other cases. 28.There is no gain saying the fact that the disobedience or disregard of the law laid down by the High Court by the subordinate courts is not only against the very concept of rule of law but also verges on contempt of court as subordinate courts are, by way of constitutional provisions, bound by the decision of the local High Court as is every court of the country including the High Courts, bound by the decisions of the Supreme Court by virtue of provisions of Article 141 of the Constitution. If the s bordinate courts start ignoring the law laid down by their High Courts and start acting contrary thereto, then not only the legal anarchy will set in but the democratic structure of the country, rule of law and concept of liberty of citizens will be th first casualty. 29. Motion is disposed of with the aforesaid directions. 30.In view of the wide ramifications of the law laid in this case and cases referred therein and for the benefit of the society and people at large, Registrar General of this Court is directed to send the copy of the Judgment to Police Commissioner for g uidance and compliance by the SHOs/Investigating Officers and to all the Judicial Officers of Delhi and to the Director, Central Bureau of Investigation. January 28, 2004 ( J.D.KAPOOR) sk/ssb JUDGE Divorce By E Mail http://www.rediff.com/search/2002/apr/08sadia.htm Divorce By E Mail [Sadia Dehlvi shares her experience of ending a marriage online] Nidhi Taparia Rathi Two weeks ago, Sadia Dehlvi received an email that was both saddening and liberating. It signalled an end to one relationship and gave her the freedom to enter another. The author, scriptwriter and actress became perhaps the first person in India to receive a talaq or divorce electronically. "My relationship with Reza (her ex-husband who is based in Pakistan) had broken up long ago and we were separated. I did discuss with him over the Internet my intention of remarrying someone else in great detail. He was unable to come to India and I could not go to Pakistan either. Our marriage was finished in any case. We needed to formalise it and it was done via email," she says. "Islamic law stipulates that a man can divorce his wife by either speaking or writing the words 'I divorce you' three times, if certain conditions are met... Islam is based on intent," Sadia claims. "It (divorce by email) is a legally binding decision. It was only after getting the email; I was free to marry again." Dehlvi married Reza Pervaiz 12 years ago in Delhi. The email two weeks ago allowed her to marry 45-year-old Sayyed Karamat Ali, whom she met at Hazrat Shah Farhad, a Sufi shrine in Delhi, which she has been visiting for the last 20 years. "It was a quiet nikah ceremony. I met him at a dargah and barely knew him but it was like my soul was searching for him. We had no romance or courtship, we just got married. The bond is deep and spiritual. I've even changed my name. I had always said, I may change husbands, but I will never change my name… But I am now Sadia Sayyed Karamat Ali." Rediff Guide to the Net spoke with Sadia Sayyed Karamat Ali. Excerpts from the conversation: Do you use the Net extensively? Sometimes for research and while travelling to keep abreast of the news, mostly Indian news-oriented Web sites As a writer and media person, what do you usually use the Internet for? I usually write to friends, email articles locally and internationally and for research. I used to do a column called Sadiasense for a Web site that has been temporarily discontinued. But I don't like chatting… I find it quite a strain. I haven't made any friends online and I don't intend to, because I have enough friends and it's difficult to find time for the ones I already have. What do you think of the Internet? I think it's a revolution that has made the world an easier and fun place to live in. I am an email person and wonder how we all survived so long without it. How did the Internet help in your long-distance relationship with your ex-husband? I used to communicate with Reza in Pakistan via the Internet because it's an easier and cheaper option than calling. He is not Internet savvy but his office is wired so he usually had some one download my emails and then would type out a reply to me, which would then be sent by some of his assistants. He doesn't really understand the Internet. He just knows that it is an easy way of communication and uses it. In fact, the Internet has made communication easier in our relationship. I am a writer and I find it easier to articulate my feelings in an email. I prefer writing to talking on the phone. I am more focused and more poetic in my emails. Reza's emails, on the other hand, reflect his profession. As a marketing person, his emails are always bulleted and numbered, crisp and to the point. But, nonetheless my husband and I will remain friends exchanging emails once in a while… But my best Net relationship is with my stepsons. In fact, they are my email buddies, forwarding jokes, funny one-liners and engaging in continuous Indo-Pakistan bashes! Email and the Internet have played a role in sustaining the warm bond I have with my stepsons (Reza's sons from an earlier marriage). I shared my decision to remarry with them in detail via email, also reflecting my concerns about their father. Just yesterday, they emailed me a warm and lovely letter saying "how happy they are for me. And they know that their brother Armaan (Sadia and Reza's son) needs a warm and contented mother for a happy family". I was so touched that I saved a copy of the email and even took a few printouts. But for my son, the Internet is a boon. He started using the PC at the age of four. Today at nine, Armaan emails his father regularly and it's a great support to him. In fact, he is the one who will keep emailing his stepbrothers in Pakistan, sending them birthday cards and New Year greetings. He is terribly proud of his one-year-old nephew and the fact that he is a chacha (uncle). He waits for monthly updates of his nephew's pictures and puts them on his desktop. How did the divorce via the Net happen? Was the email just a culmination of a thought out decision? Were you expecting it? Or were you surprised? My relationship with Reza had broken up long ago and we were separated. I did discuss my intention of remarrying with him in great detail over the Internet. He was unable to come to India and I could not go to Pakistan either. Our marriage was finished in any case. We needed to formalise it and it was done via email. The legal verdict, which in Islam is a written or orally pronounced divorce with two witnesses, was needed. When I decided to marry my present husband, Sayyed Karamat Ali, I asked my ex-husband to send me an email writing that he is divorcing me three times. I gave him the choice of either phoning me with two witnesses on either side or just emailing me. He preferred the written version and he copy-pasted the entire line three times. The verdict is legal and final under the Islamic law. How do you feel about such an end to a relationship? An end to any relationship is always sad. But, I am a deeply religious and god loving person and believe whatever happens is with his will. Does your husband, Sayyed Karamat Ali, use the Internet? Just before we got married, one evening I taught him how to use the computer and the Internet. I created an email address to demonstrate its usage. He is extremely sharp and to my surprise the next day he emailed me to say 'hello how are you'. Has the Internet changed your relationship in any manner? Not really as we both live in the same city. But it converted him into my student for computers. He barely knew anything about me and in that session when I was explaining him what a search engine is and how one can use the Internet for information, I punched in my name at Yahoo! Search. To our surprise, there were lots of pages on me and even some articles authored by me online. I felt completely exposed because I didn't know what articles or what comments and quotes were online… and I shut the browser. But, Karamat who had never been to a cybercafé went to one and read up all the information about me. In that sense, he did learn about my work through the Internet because Karamat didn't know who 'Sadia Dehlvi' really was. He is not a part of my world or the 'Page 3' crowd. He is a completely different person. And he used the Internet to find out more about my work and me. 'I went frantic, punching him'Sunday, November 13, 2005'I went frantic, punching him'Record numbers of men are being hit by their stressed-out wives and girlfriends 'I went frantic, punching him' By Sophie Goodchild, Chief Reporter Published: 13 November 2005 For centuries, women have been stereotyped as the passive victims of violence and aggression. Yet experts are now warning that record numbers of men are being physically abused by their stressed- out wives and girlfriends. New figures show that the number of calls to domestic violence helplines from male victims has more than doubled over the past five years. And now one of the world's leading feminist journals will investigate the issue of male abuse for the first time in its history: the Psychology of Women Quarterly will devote a whole edition to research on violent women and their behaviour towards men. Until now, domestic violence has been seen by police and ministers as an issue which blights the lives of women rather than men. Their policies are based on Home Office figures, which show that one in four women suffer abuse in the home compared with one in six men. Incidents such as the arrest earlier this month of Rebekah Wade, the editor of The Sun, after an alleged assault on her husband, EastEnders actor Ross Kemp, are generally treated as trivial and a source of amusement by social watchers. However, experts say that although attacks by men are more common and extreme, there is increasing evidence that women are lashing out and adopting behaviour traditionally associated with men. This trend is fuelled partly by an increase in binge-drinking and drug- taking among women as well as the pressure of juggling motherhood and career success. ManKind, an organisation which campaigns for equal rights for men, receives more than a thousand calls a year to its helpline from male victims of domestic violence as well as from doctors worried about patients they suspect are being abused by their girlfriends and wives. The charity Snap, which runs a gender-neutral helpline, says it receives up to 25 calls a day from battered men. There are only four places in the country which offer shelter to male victims of domestic violence, which men's rights campaigners say is not enough. "The ones who are the perpetrators are in the caring professions - social workers, nurses, carers," said Anne Harris, a spokeswoman for Snap. Research to be published next year will also show that more men report being victims of domestic abuse - and fewer women - in countries where there is greater gender equality. Based on an analysis of UN data on gender equality, the study by the University of Central Lancashire will show that more women carry out attacks on their male partners in Western nations such as Britain and the US compared with countries such as Pakistan. Professor John Archer, an expert on both male and female aggression, who carried out the study, attracted huge controversy with a report five years ago showing that women were likely to lash out more frequently than men during rows. He says that battered men are treated as figures of fun by society and that policymakers must treat domestic abuse against both men and women with equal seriousness. "There is a strong cultural ethos drummed into men from an early age that it's wrong to retaliate but these attitudes are not drummed into women," said Mr Archer, Professor of psychology at the University of Central Lancashire. "The Rebecca Wade case was treated as a joke which typifies the differences in attitudes. The male victim is seen as a subject of fun." But Professor Sylvia Walby from Lancaster Uni versity, who has carried out extensive research on domestic violence, says that women are still overwhelmingly the victims and suffer far more than men. "Women are far more vulnerable because they do not have the same financial security as men and they are the ones who suffer more severe and far more sustained attacks." Dr Malcolm George, an expert on the brain and human behaviour, says there is evidence that "husband abuse" dates back to Elizabethan times. Historical records that he has unearthed show that men who were beaten by their wives were publicly humiliated in a special ceremony called a "skimmington procession", named after the ladle used to skim milk during cheese making. "No one disputes the fact that there is a group of men in society that are highly violent," says the retired lecturer in neuroscience at London University. "But it's nothing new for women to be violent and aggressive- it's just society considers it a travesty of femininity for women to be violent so they get stereotyped as passive victims." Claire Stewart is one of a growing number of women who are seeking professional help to manage their anger. The nursing student, 37, from Leicester says she has head-butted Graham, a builder, tried to strangle him and thrown furniture at him. Their relationship has always been confrontational and at one point they split up. Mrs Stewart believes her problems stem from not coming to terms with the death of her father. "Having spoken to professionals, I think the anger goes back to my dad dying when I was 11," says the mother-of-four, whose name has been changed to protect her identity. "I was brought up to believe that if you cry it's a sign of weakness. I am booked in to start cognitive behaviour therapy. I think in the end we will get through. When the couple got back together, she says that she felt her life had fallen apart. "Our relationship had always been a bit up and down but I thought it would stop when we got married," she says. "When he came back I felt like he was laughing at me. I completely lost it. I went frantic, punching him in the head and body. I head-butted him and tried to strangle him. I only stopped because my eldest daughter came in and shouted at me to stop." 11月15日 a Girl who is a GANG member uses a dog ...........a. In this case, a Girl who is a GANG member uses a dog to .................... b. All that she gets is a minor "councelling" !!!! c. An appeal is made seeking more punishment, but that is also rejected Are courts biased in favour of women ?? http://www.torontosun.com/News/Columnists/Bonokoski_Mark/2005/11/04/1291748.html [..................] The facts of the case are as follows: In August 2003, the then-15-year-old girl was hired by a neighbour in her apartment building to look after her pit bull terrier while she went away to the west coast, and left her explicit instructions not to bring any other person into the apartment. The police report is three pages long. And it is graphic. It has the girl attending the apartment to feed the pit bull, and taking along the 12-year-old "victim" who also lived in the same building. They were sitting on the couch when the dog climbed up and began "humping" the boy. Both, according to the report, thought it was "funny." "We need to get rid of his horniness," the girl reportedly said, and then instructed the boy to get down on the floor on his hands and knees where she then forcibly pulled down his pants and underwear, and put the pit bull in position. The boy told her to stop -- that it was "no longer funny." But it wasn't about to stop. "The victim began crying in pain," reads the police report. "After about 10-15 seconds of the dog penetrating the victim, the accused began hitting the dog on the head to break him off. The accused instructed the victim not to tell." Back at his own apartment, the boy initially told his mother that his "puffy" face -- swollen from crying -- was the result of banging his head on a shelf. After he went to the bathroom and discovered he was bleeding, however, he let the entire story spill out, including showing her the scratches on his back that were consistent with claw marks. According to the police, the boy's mother confronted the girl, but did not immediately report it to the police because she feared the girl was not only a bully, but a member of a gang in that end of Scarborough. It was only after a social worker at the boy's school called the mother to discuss her son's increasingly bad behaviour did the mother disclose the events of that summer. The social worker, in turn, called Children's Aid who, in turn, called the cops. The girl was originally charged with three criminal counts, one for compelling bestiality, one for bestiality on a person under the age of 14, and another for sexual assault. The last two charges were withdrawn when the girl pleaded guilty to the first count. During the sentencing, Judge Robertson said that, despite the Crown's prosecutor's use of the words such as "repugnant" and "perverted," he could find "no evidence before him that the physical injuries (to the boy) were anything more than transient in nature." He also said he "would not equate this offence with one of incest or a serious sexual assault" that would result in "psychological damage far in excess of the physical nature." "The offence before me was spontaneous, lasting about 10, 15 seconds," said the judge. "It started as an ill-advised joke between friends." It was Tony Loparco, the head Crown in Scarborough, and prosecutor Kim Motyl's boss, who asked for the appeal. "From a legal perspective, I knew the appeal would likely be turned down, simply because the girl will soon be 19," said Loparco. "That, and the fact that young-offender rulings are rarely changed. "But, was it worth a try? Yes, it was," said Loparco. "Imagine what that boy went through, with a pit bull. "Sometimes you just despair for humanity. "It's frightening. It truly is frightening." <<<<<<<<<<<< end of article <<<<<<<<<<<<<<<<<<<<<<< -- http://batteredmale.blogspot.com/ http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0- http://my2cents.rediffblogs.com/ http://spaces.msn.com/members/Vinayak123/ http://s2.phpbbforfree.com/forums/dowry-forum-1.html http://phpbb-host.com/phpbb/viewforum.php?f=2&mforum=dowry http://groups.google.com/group/DLMI?lnk=li http://groups.google.com/group/DivorceCases?lnk=li http://groups.google.com/group/DivorceFAQ?lnk=li Government must protect women's rightsGovernment must protect women's rightsIndian Government has taken away the rights of women to protect her husband by enacting and amending biased laws related to marriage, divorce, dowry and maintenance. The Indian laws are so biased that women are unable to protect her husband and in-laws. Indian women who are revered for her sanctity and self-respect are deprived of her basic rights. Indian women who fought with Yamraj to get her husband back couldn't do so in the present times because of biased laws. Women are unhappy seeing her husband being tortured by women's organisation. Why women are deprived of justice and their basic right to protect their husbands ? Women are unable stop her husband from paying her huge sum of money as alimony after divorce because the law relentlessly demand the husband to provide for his wife. Such laws are taking away the rights of women to protect her husband. Indian women are so heavenly that they would sacrifice everything for the well-being of her husband and in-laws but existing marriage and divorce laws are making Indian womens' life miserable. The Government isn't doing anything to protect women from getting influenced by women's organisation and corrupt lawyers who ask educated women to file a false dowry harassment case on her loving husband and caring in-laws. How would a woman protect her husband from such misuse of laws ? Even if women want the child to stay with the father, the law still insists the child-custody to remain with the woman. Women are unable to bear the pain of seeing her children to be deprived of their loving father. Women then starts brainwashing her kids saying that her husband isn't their father and she would introduce her new boyfriend to her kids saying that he is your new father. Isn't this injustice ? Women are suffering because her husband are not being protected by law. Only when such biased laws are eliminated then Indian women will be able to enjoy her rights to protect her husband and in-laws. |
|
||||||||||
|
|
