false498a

December 29, 2009

Ruchika incident and media activism

Filed under: Uncategorized — Fighting Legal Terror @ 6:41 am

It is heartening to see that there is a large cry from society to punish the former DGP. The media both print and TV channels are competing with each other to show this on their prime time and asking for bis punishment for this guy. Well well…. Any one opposing this? I don’t think there is a single voice. But at the same time it is sad to note that media is only high lighting the high profile cases. They don’t have time to think and telecast what went wrong? What can be done to stop such events? Has any body thought on these issues?

The judiciary must be fast enough to dispose the cases. It takes years before a case is charge sheeted. It takes again years before it comes for evidence stage and again years for cross examination and again years before judgement is pronounced. So what is the answer? More courts, more judges? Will that solve the issue? To certain extent yes but overall the system needs overhauling. We have a justice system in place which we inherited from British people who made this to suit their requirements and we are just continuing this ……. If we double the number of courts then it will solve the problem temporarily but after few years we will be back to square one. We need an efficient system. Apart from Supreme Court and few High courts no courts are using Information Technology.

What else can be done? Police reforms. We have the police who are not fit enough to nor catch a thief nor fight with terrorist. They do shabby investigation. Mostly motivated by how much they will benefit in the case. Right from registering a case till filing charge sheet in the court they need bribe. It is the same police who are responsible for investigation; maintain law & order, special duty, VIP security, passport verification….!!!

An effective Human Right Organisation; In the current environment people are scared to enter a police station, because every one know they use third degree and our Human right organisations… We know what they are doing. If we complain against a police inspector to SHRC/NHRC they send the same complain for enquiry to the same police station. It is like if a person has raped and girl gives a complaint to police then the police appoints the same rapist as the enquiry officer !!

No one has time to think on issues and their solutions. Every one is happy to hang SPS Rathore and move on in the life till another Ruchika incident happens. Long live Indian society.

P Suresh

President, Family Harmony Society, Bangalore

http://www.family-harmony.org

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December 28, 2009

PIL_regarding_Multiple_Maintenance_to_wife

Filed under: Multiple Maintenence — Fighting Legal Terror @ 1:49 pm

Dear Victim Brothers, As some of you are aware that Family Harmony Society is in the process of filing a PIL in the High Court of Karnataka on the issue of Multiple Maintenance. As you are aware that wife in case of matrimonial dispute with husband has the option to claim maintenance from various laws and Acts. We have listed them below.

  1. Domestic violence Acts
  2. Hindu Marriage Act
  3. CrPC 125
  4. The Hindu Adoptions and Maintenance Act

As you are aware that for the success of any PIL following are the important ingredients

  1. Issue should be of public interest involving large citizens
  2. Citizens had approached appropriate authorities and failed to get relief or justice
  3. There should be sufficient data to convince the judges that the matter is of grave importance
  4. Judges should be convinced that it needs urgent attention
  5. If not addressed by High Court using their Extra Ordinary powers it will result in continued miscarriage of justice.  

In this context we need your support, help, advice and co-operation. Support us for the PIL regarding Multiple Maintenance provisions for wife in case of matrimonial dispute. It is very simply. You need to complete three steps shown in the table.

Sl No Subject Link Who can complete this step  
1 Multiple maintenance data http://www.tfaforms.com/134190 Only Husbands who are victim of multiple maintenance  
2 Survey http://www.tfaforms.com/134324 All citizens  
3 I-Petition http://www.ipetitions.com/petition/multiple_maintenence/ All citizens  

 

MM Database   Survey   Ipetition   date ipetition survey mm data
 Ahmedabad 1   Abhu Dhabi 1   Total 201   4-Jan-10 15 10 5
Ankola 1   Allhabad 1         5-Jan-10 34 29 15
bangalore 13   Amrawati 1         6-Jan-10 65 55 23
bilaspur 1   Ahmemadabad 2         7-Jan-10 87 69 25
calcutta 1   Bangalore 57         8-Jan-10 98 83 27
Chennai 1   Bellary 2         8-Jan-10 108 90 27
Delhi 3   Calcutta 1         9-Jan-10 110 95 28
faridabad 1   Chennai 8         10-Jan-10 112 99 28
hyderabad 1   Delhi 16         11-Jan-10 114 105 29
Kadapa 1   Dubai 1         12-Jan-10 127 119 30
Mumbai 1   Faridabad 2         13-Jan-10 151 129 32
panchukala 1   Kolam 1         14-Jan-10 161 134 32
unknown 4   Erode 4         15-Jan-10 165 136 33
Lucknow 1   Gurgoan 1         16-Jan-10 186 140 34
Vizag 1   Ghaziyabad 3         17-Jan-10 192 153 35
                  18-Jan-10 201 157 36
Kanpur

Ropar

 

1

1

  Hyderabad 19                
Total 36   Indore 1                
      Jaipur

Mohali

1

1

               
  Karimnagar 1                
  Karwar 1                
  Lucknow 4                
  Ludhina 1                
      Mumbai 5                
      Nagoan 1                
      Noida 4                
      Pune 9                
      Rajpara(Punjab) 1                
      Shimla 1                
      Shimla

Davengere

1

1

               
      Bhubaneswar

Medak

Abhu Dhabi

1

1

1

               
      Total 157                

                                                               

The survey, ipetition and victim detail will form the basis of PIL data. Please fill them in large numbers. Apart from the above you can dothe following.

  1. File petitions to various ministries regarding Multiple Maintenance and get their response. You can use the following templates and send us the replies from the ministry. We have few response but we need more.
    1. RTI – CJI – Double maintenance – http://www.box.net/shared/9g8nb3p5tb
    2. RTI – CJKarnataka – Double maintenance – http://www.box.net/shared/il15bug9z3
    3.  RTI – LAW – Double maintenance – legal affair dept – http://www.box.net/shared/i7beuofbe9
    4. RTI – LAW – Double maintenance – legislative dept – http://www.box.net/shared/gndm2f2rra
    5. http://legalfighter.instablogs.com/entry/maintenance-the-menace-law-minister-to-solace
  2. Write your thoughts to us. Our target for this PIL is January 2010 hoping that we archive the target of 500+ for ipetition by that time.
  3. In this regard we are getting in touch with the leaders of the local chapters.
  4. We have already enlisted the crucial support of Virag from Bangalore, Manoj from Chennai/Bangalore, DS Rao Calcutta, Niladri from Delhi. We will keep updating the leaders who are supporting this from various states. Apart from this we are reaching out to Hyderabad, Mumbai, Pune, Kanpur, Coimbotare chapters and other like minded NGOs.  

P Suresh, President, Family Harmony Society – 09880141531

M Mahesh, General Secretary, Family Harmony Society – 09845448472

www.family-harmony.org – Doing our bit in fight to “Legal terror”

www.498a.org.in

No women judge in supreme court: President of India !!!

Filed under: Uncategorized — Fighting Legal Terror @ 11:30 am

Recently there were news reports that the Honourable President of India has made some file noting where she desired to have a women president as a judge in the Supreme Court. So in this regard my questions are “Are the top posts like Supreme Court judges have to be decided based on gender”? This is a wrong precedent. Whereas it is most welcome if a woman with competent skills, required qualifications and criteria can be appointed a judge of the Supreme Court but just for the sake of a women judge is it correct to push a woman to the top most post. And the same is true for the man. The Supreme Court is the top most court in the country. It is the hope of a 1 billion people of India. What I mean to say is this talk of persons pushed through out of way based on caste, religion or gender must be stopped.

Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.
And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,”
39-year-old Gandhi said.
He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country”
That is a fitting reply to an unnecessary question.

India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honourable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done to reduce the years of a litigant?”  These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man !!! 

Recently there were news reports that the Honourable President of India has made some file noting where she desired to have a women president as a judge in the Supreme Court. So in this regard my questions are “Are the top posts like Supreme Court judges have to be decided based on gender”? This is a wrong precedent. Whereas it is most welcome if a woman with competent skills, required qualifications and criteria can be appointed a judge of the Supreme Court but just for the sake of a women judge is it correct to push a woman to the top most post. And the same is true for the man. The Supreme Court is the top most court in the country. It is the hope of a 1 billion people of India. What I mean to say is this talk of persons pushed through out of way based on caste, religion or gender must be stopped.

Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.
And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,”
39-year-old Gandhi said.

He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country”
That is a fitting reply to an unnecessary question.

India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honourable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done to reduce the years of a litigant?”  These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man !!!

December 1, 2009

Women claim Domestic Violence when Men suffer from Domestic Violence Act!!!

Filed under: Uncategorized — Fighting Legal Terror @ 12:57 pm

Women from all over the country claim to be suffering from various kinds of Domestic Violence. The National Commission of Women which has been claiming to protect the women from Domestic Violence. They were instrumental in bringing up a law to protect the women from the Domestic Violence. They bought a law formulated and parliament gave approval and thus the Protection for Women under Domestic Violence Act was born in 2006.

Unfortunately this Act has done more bad than good.

First of all the process of formulating this Act itself was done in a very haphazard manner. The bureaucracy which formulated this Act have not produced any data supporting the claims of Domestic Violence, except for few rona-dhonas in movies, media hype of dowry deaths, dowry harassments, etc.

Second, the congress party which was then in power had pushed to bring this Act in to force in a hurry without verifying whether our society really need such a law or not, whether all the reliefs that this Act provides to the women will be used or misused. Some thoughtful MPs did objected to this Act as this can easily be misused. Still, they went ahead to bring this Act without proper debate due to political pressures from opposition and leftists.

Third, the Corruption. There are some sections of our society who are basically corrupt in nature. They do anything & everything to satisfy their greed and ego. Two of those specific categories of corrupted people in our society are some of the complainant wives and their advocates who misuse this Act. The wives who are corrupted up by Greed, Ego, Grudges, Adultery are filing cases under this Act against their husbands and in-laws. Some of the unethical advocates, who want to become rich using short-cuts, are helping these women to Misuse this Domestic Violence Act.

Fourth, the implementation of this Act has left a very bad taste of the judicial system. The Magistrates who were given the authority to preside over the cases under this Act think that they are supernatural beings who got power to protect every woman on earth as if they are their sisters. Again these people were also influenced because of bollywood style rona-dhonas and media. This act has become like a coconut in the hands of a monkey, it doesn’t know how to handle this tool. They pass such mindless and stupid orders in a hurry to save the complainant women without applying their minds. Of course we cannot blame them entirely because we all know already that the judicial system is in any ways rotten, magistrates are nothing more than a clerical people, of course they are under the pressure from various radical women organizations with NCW at the top. NCW has gone a step ahead and started propaganda about this Act in news papers and TV commercials only to make the innocent men suffer and break the marriages irretrievably.

On one side these corrupted women and their advocates are walking away happily with good booty but on the other side the softer husbands are suffering running around the courts, staying away from their own houses as courts ask them to vacate to accommodate the corrupt women, paying hefty, abnormal and unreasonable maintenance amounts, unable to use their bank accounts including their salary accounts, unable to use their properties  and getting stamped as a drug-addict, drunkard, sex-abuser, etc., etc., what not. In most cases this case under Domestic Violence Act follows immediately after a complainant under IPC 498A.

The men who are suffering under these cases are ending up filing divorce cases as these sorts of women will not allow them to live in peace. Husbands have no other option but to go for divorces to reclaim their lives.

But, these intelligent women make all sorts of allegations on the husband from verbal abuse to life threat in these cases. The same women go to Family courts where the husband would have applied for divorce and claim that their husbands are good and that they love their husbands in order to more frustrate their husbands. Strange Law!!! The judges support these kinds of women. The law is totally biased to women.

On Sunday 22nd Nov, the Times of India, Bangalore, has published a half-page article claiming that Domestic Violence exists especially in the economically upper class or upper-middle class of our society. Some advocates have mentioned the same in that article again without support of any data. Obviously this makes sense as men from these sections of the society are well-off and it is easy for their wives and luring for their advocates to squeeze these men for monies using this new tool.

There is hardly any case under this Act which is true & genuine. All the cases are driven by Greed, Ego, Grudges, Adultery. This Act is being misused similar to the way the other women centric laws like IPC 498A was being misused since ages.

Time has come for Men to raise their voice, fight back to stop this misuse instead of silently suffering from this draconian Domestic Violence Act.

Mahesh

http://www.family-harmony.org

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