Ppt to stop the legal terrorism

Supreme Court on 498 A
Sushil Kumar Sharma Vs Union of India and Ors

(Writ Petition (civil) 141 of 2005)
“The object of the provision is prevention of the dowry meance. But as has been
rightly contended by the petitioner many instances have come to light where the
complaints are not bonafide and have filed with obligue motive. In such cases
acquittal of the accused does not in all cases wipe out the ignomy suffered during
and prior to trial. Sometimes adverse media coverage adds to the misery. The
question, therefore, is what remedial measures can be taken to prevent abuse of the
well-intentioned provision. Merely because the provision is constitutional and intra
vires, does not give a licence to unscrupulous persons to wreck personal vendetta or
unleash harassment. It may, therefore, become necessary for the
legislature to find out ways how the makers of frivolous complaints or
allegations can be appropriately dealt with. Till then the Courts have to take
care of the situation within the existing frame work. As noted the object is to strike at
the roots of dowry menace. But by misuse of the provision a new legal
terrorism can be unleashed. The provision is intended to be used a shield and
not assassins‘ weapon. If cry of "wolf" is made too often as a prank assistance and
protection may not be available when the actual "wolf" appears.”

Why hasn’t Government acted to prevent misuse even when Supreme
Court asked them to ?
Stop Legal Terrorism and Save your Life

Supreme Court of India Term “Legal Terrorism”
• The Supreme Court with a Bench comprising Justices Arijit Pasayat
and H K Sema has agreed with petitioner Sushil Kumar Sharma that
Section 498A of Indian Penal Code, which seeks to protect women
from being harassed for dowry, was being misused through frivolous
cases filed by women to trouble their in-laws.
• By misuse of the provision a new “Legal Terrorism” can be
unleashed, says Bench Merely because the provision is declared
constitutional, it does not give license to unscrupulous persons to
wreak personal vendetta.

• Justices Arijit Pasayat and H K Sema added a word of caution, saying,
"Merely because the provision is constitutional, it does not give a license to
unscrupulous persons to wreck personal vendetta or unleash harassment."

• The judges called upon the legislature to refine the Section and "find
out ways how frivolous complaints or allegations can be appropriately
dealt with".

• But till date our Government /legislature have not shown any concern
to stop this “Legal Terrorism” is best Known to them.


Supreme Court of India Term “Legal Terrorism”
• "In such cases acquittal of the accused does not wipe out the
ignominy suffered during and prior to trial. Sometimes adverse
media coverage adds to the misery". Merely because the provision
was declared constitutional and intra vires, it did not give license
to unscrupulous persons to wreak personal vendetta or unleash
harassment, the judges said.
• "The object is to strike at the root of dowry menace. But by
misuse of the provision a new legal terrorism can be unleashed.
The provision is intended to be used as a shield and not an
assassin's weapon. If [the] cry of "wolf" is made too often as a
prank, assistance and protection may not be available when the
actual wolf appears", the Bench said.
• The investigating agencies could not follow a straitjacket formula
in matters of dowry torture, deaths and cruelty.
• "The role of the investigating agencies and courts is that of a
watchdog and not of a bloodhound. It should be their effort to see
that an innocent person is not made to suffer on account of
unfounded, baseless and malicious allegations," the Bench said.


Who Are We …Victims of Legal Terrorism in India

• We are working professionals( IIT/IIM/Engineer/Doctors/MBA/IT
Engineers/Media Journalist/Judge/Police all except Politicians) and are were
working for family harmony.
• We want Domestic Harmony Act , but Government refuse the same.
• We want gender Equal Law , men/women to be replace by the word Person
and Wife/Husband to be replace by Spouse in all Indian IPC Law.

• Till Date no Politicians/Ministers had been arrested in 498A or DV act case,
but common people arrested without any investigation and more than 98%
face the money extortion the way a Terrorist do with Common people.
• When ever any Politician of Ministers accused of 498A or DV act, even
women ministers also come out openly to give him Clean Chit.
• Why different law for Politicians/Ministers in India?


United Nations Report on Elder Abuse In India


NRI Journalist Kulbhushan stated ….

• NRI Journalist Kulbhushan stated
• "Filing a non-bailable dowry case under IPC 498A
is easier than ordering a meal. But while a
restaurant can refuse service, the police normally
arrest the groom and the in-laws. While the Indian
media is flooded with reports of dowry-related
bride torture, it hardly mentions the horrific cases
of suffering husbands at the hands of
unscrupulous wives."


Warning from the US State Dept stated ….
• http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html
• CRIMINAL PENALTIES: While in a foreign country, a U.S. citizen is subject
to that country's laws and regulations, which sometimes differ significantly
from those in the United States and may not afford the protections available
to the individual under U.S. law. Persons violating Indian laws, even
unknowingly, may be expelled, arrested or imprisoned.

• Furthermore, since the police may arrest anyone who is
accused of committing a crime (even if the allegation is frivolous in
nature), the Indian criminal justice system is often used to escalate
personal disagreements into criminal charges. This practice has been
increasingly exploited by dissatisfied business partners, contractors,
estranged spouses, or other persons with whom the U.S. citizen has a
disagreement, occasionally resulting in the jailing of U.S. citizens
pending resolution of their disputes.


Even Some Indian Views Are Same….



• Kiran Bedi says: "Laws had been provided
for the welfare of women. The police need
not assist those who misuse or abuse the
law meant for the protection of women."



• Men are being Harassed , says women panel : Times of India front Pa

• (Publication:Times Of India Delhi; Date:Sep 19, 2007)

• There are dozens of cases of husbands and in-laws getting
thrown into the slammer on the basis of mere accusations of
torture for dowry and a complaint under Section 498A of the
IPC, according to Orissa’s State Commission for Women. ‘‘This
is only the tip of the iceberg. The number of such atrocities
against men by women is rising in Orissa. Since May 2007, the
Commission has registered 38 such cases,’’ chairperson
Namita Panda said.



• Justice J D Kapoor Says:

• ‘‘There is a growing tendency among
women, which is further perpetuated by
their parents and relatives, to rope in each
and every relative, including minors and
even school going children of distant
relatives.’’



• Kolkatta High Court Justice S.P. Talukdar
said

• the “dangerous” practice of misusing
Section 498A of the Indian Penal Code
(cruelty on housewives by husbands and
in-laws) should be immediately stopped.


Total Statistics of 498A Cases
• These are statistics Published in CNN-IBN News and were obtained from the
home ministry for 2005.
“According to data provided by Ministry of Home Affairs, there were
58,319 registered cases and 134,757 people underwent arrest under
498A and Dowry Prohibition Act.
• That is on average 2.3 people were arrested in every complaint by Wife , let it be
false or true.
• 339 children Arrested.
• 4,512 senior citizens arrested-( 1,434 are age old women.)
• 27, 145 Women Arrested.
• The number acquitted (24127) were more than four times the number convicted
(5739).
• Out of 129,655 people, approximately 18 per cent (23,337) were not even charge
sheeted , but arrested and hence suffered only because these acts are non-
bailable”.
• Rest more than 90% cases , it is the wives family done the Legal extortion of
money from Husbands family start from Lacks to Cores.
• A Criminal Law for earring the money and Save your punishment to Criminal?
Stop Legal Terrorism or Giving the Life

Violation of Supreme Court Judgment by Police
• This is what former Chief Justice Of India, M.N. Venkatachalliah says
(JOGINDER KUMAR Vs. STATE OF U.P.25/04/1994) in this landmark
judgment that defined the powers of the police to arrest a person. This
judgment is especially applicable in the case of a cognizable offence such
as 498A:
• “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 from his power to do so. Arrest and detention in police lock-up
of a person 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 to 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.”

• The Unanswered Question : Then why in all the 498A cases the
accused had been arrested by Police even ChildLife Women forget
Stop Legal Terrorism and Save your and
about men?

Violation of High Court Judgment by Police
• Justice JD Kapoor, in this judgment (Delhi High Court CRLMM 3875/2003
28.01.2004 Court on its own motion Versus Central Bureau of
Investigation), says:
• “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
without 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
relatives whose arrest may not be necessary for completing the
investigation as it can be completed by 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.”
• Reward Given the Judge: So called Women activist Broken the Judges Chair and
Chief Justice of India till date failed to Punish those Criminals and still they are
moving Freely in our Society. When Chief Justice can’t even save guard the Judges
Chair , how they will Protect the Common and Save your Life
Stop Legal Terrorism People’s Save guard?

Why Bail refused on failure to agree the Money
demand ( 498A/406 Cases)
• The Supreme Court also said that (Moti Ram and Others v State of
M.P. (AIR 1978 SC 1594)):

• “Fixing an excessively high amount of bond, keeping in
consideration the facts and circumstances of the case and
economic condition of the accused, violates the
constitutional norms.”

• Still, at the time of Bail in 498A/406 cases , the wives family openly
demand the Huge money from Husband's family in front of Judges in
Lacks and on failure of the same bail application had been rejected.
• The Simple argument we witness ,Pay the money to get the
bail or go to Jail. !!!
• Is this not Legal Extortions of Money and Violation of
Article 21?

Supreme Court Snap “Domestic Violence Act”

• This judgment of the Supreme Court (Batra Vs Batra. Mar 2007) the
Domestic Violence Act :
• No doubt, the definition of 'shared household' in Section 2(s) of
the Act is not very happily worded, and appears to be the result
of clumsy drafting, but we have to give it an interpretation
which is sensible and which does not lead to chaos in society.
• It is quite possible that the husband and wife may have
lived together in dozens of places e.g. with the husband's
father, husband's paternal grand parents, his maternal
parents, uncles, aunts, brothers, sisters, nephews, nieces
etc. If the interpretation canvassed by the learned Counsel
for the respondent is accepted, all these houses of the
husband's relatives will be shared households and the wife
can well insist in living in the all these houses of her
husband's relatives merely because she had stayed with her
husband for some time in those houses in the past. Such a
view would lead to chaos and would be absurd .

Supreme Court Snap “Domestic Violence Act”

• If our LAW makers do not have honesty, good intention and
knowledge to make a Law, why they do not review the same by
Retired Supreme Court Judges?

• Why there is no Judges kept in the LAW Review Committee?

• If we go through the definition of “Domestic Violence” as
described in the Act: like Verbal Abuse, Economical Abuse,
Mental harassment , sexual harassment etc.not only women,
more than 98% Indian Husbands also face the same at least
once in 3 years of a relationship , study by Save Indian Family
and My nation.

• Then why the “Domestic Violence Act” is not Equal for both
Men and Women , like all other developed Country?


Women-protection laws
or
“Legal Terrorism”?

There are no laws to protect men from domestic abuse and marital
cruelty

Women-protection laws unfairly assume:

• victims of marital cruelty are always 498A type wives
• Wives are always honest victims, never lie
• the accused Husband and his family are assumed guilty until proven
innocent….

IPC 498A/DV act and other women-protection laws are being
blatantly misused to extrote the Money from Husbands Family
as a FREE ATM Machine in front of Court, Police and even in
public Media.


And The Male Suicide Rate is Raising….
W hy India n Men Sucide Increase as pe r Crime Bure Report ?
1983: IPC 498A introduced.
2005: Misuse of 498A reached in Top and Supreme Court term the Same Legal Terrosim

Ye a r Men Sucide W omen Sucide Difference

1983( No 498A) 27260 19319 7941
2005( 498A Effect) 72916 40998 31918

80000
70000 72916
60000
50000 40998
40000 31918 1983( No 498A)
27260
30000 2005( 498A Effect)
19319
20000
7941
10000
0
Men Sucide Women Difference
Sucide

Male suicide rate Rising since 1996 at rapid Speed.


SUICIDE STATISTICS:YEAR 2005: Age Wise
Source: w w w .ncrb.nic.in
AGE MEN WOMEN TOTAL % MORE MEN
<= 14 1328 1227 2555 8%
15-29 21823 18411 40234 19%
30-44 25932 12251 38183 112%
45-59 17236 6389 23625 170%
>=60 6597 2720 9317 143%
TOTAL 72916 40998 113914 78%

120000
100000
MEN
80000
W OMEN
60000
TOTAL
40000
% MORE MEN
20000
0

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SUICIDE STATISTICS:YEAR 2005:DUE TO FAMILY PROBLEMS
Source : w w w .ncrb.nic.in
AGE MEN WOMEN TOTAL % MORE MEN
<= 14 161 163 324 -1%
15-29 4450 4625 9075 -4%
30-44 5876 3171 9047 85%
45-59 3781 1577 5358 140%
>=60 1089 548 1637 99%
TOTAL 15357 10084 25441 52%

30000
25000
20000 MEN
15000 W OMEN
10000 TOTAL
5000 % MORE MEN
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SUICIDE STATISTICS:YEAR 2005:MARITAL STATUS
Source: w w w .ncrb.nic.in
MARITAL STATUS MEN W OMEN TOTAL % MORE MEN
Never Married 15292 8618 23910 77%
Ma rried 52483 28188 80671 86%
Widowe 2664 2407 5071 11%
Divorcee 559 562 1121 -1%
Sepa ra ted 1918 1223 3141 57%
TOTAL 72916 40998 113914 78%

120000
100000
80000 MEN
60000 WOMEN
40000 TOTAL
20000
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Men Are Dying Faster Than Women….
Incidence and Rate of suicidal deaths in India (1989-1999)

Year Suicide Incidence Estimated
Mid-year Suicide Rate
Population (per 100,000)
Male Female Total
(millions)
1989 40212 28532 68744 811.8 8.47
1990 43451 30460 73911 827.0 8.94
1991 46324 32126 78450 849.6 9.23
1992 47481 32668 80149 867.7 9.24
1993 49851 34393 84244 883.8 9.53
1994 52752 36443 89195 899.9 9.91
1995 52357 36821 89178 916.0 9.74
1996 51206 37035 88241 931.9 9.47
1997 56281 39548 95829 955.2 10.03
1998 61686 43027 104713 970.9 10.79
1999 65488 45099 110587 986.6 11.21



Incidence & Rate of male female suicides in Kerala (1995-2003)

Estimated Mid-year Suicide Rate (per
Population (in Suicide Incidence 100,000 of
Year 100,000s)
1
population)
Male Female Total Male Female Total Male Female Total
1995 147.79 154.54 302.33 5615 2397 8012 37.99 15.51 26.50
1996 148.97 156.09 305.06 5414 2672 8086 36.34 17.12 26.51
1997 150.15 157.66 307.82 6215 2746 8961 41.39 17.42 29.11
1998 151.35 159.25 310.60 6503 2803 9306 42.97 17.60 29.96
1999 152.55 160.85 313.41 6853 2925 9778 44.92 18.18 31.20
2000 153.77 162.47 316.24 6609 2695 9304 42.98 16.59 29.42
2001 154.99 164.11 319.10 6787 2785 9572 43.79 16.97 30.00
2002 156.23 165.76 321.99 7165 2645 9810 45.86 15.96 30.47
2003 157.47 167.43 324.90 6935 2503 9438 44.04 14.95 29.05

Overall male-female ratio is 73:27. Male suicide rate rising since 1996.


Introduction to Modern Indian Women( 498A type)

• She wants all your property in her name. Her father and brothers won’t give
it to her, so she will take it from you.

• Wants all your salary and income in her account. Her father and brothers
never used to give her enough money for her expenses.

• Wants you to throw your parents out of your home immediately after
marriage. You better do it or she has a law to support her in throwing you
and your parents out or they will land up in Jail.

• Anything you say to her is a torture to her. She can slap you, beat you ,
Cheat you , kill you , kill your child and there is no law for your to safeguard
yourself, forget about your child, from this domestic violence.


Why You Should Not Marry A 498A Indian Women

• The Indian Wives have a desire to own all your assets/property and monies – which
might be owned or shared by your other family members.

• To get the above desire fulfilled she keeps nagging, harassing and taunting you.

• Kills the family harmony.

• Even the draconian laws support her in her motive.

• Even if you want to get out of a marriage, she won’t let you, You will Be treated as
free ATM Machine.

• Indian laws do not allow a men to get divorce. It depends on the mercy of wife.

• All above lead to a stressful life for husbands and they are not able to live peacefully
– leading to increased cases of suicides( In 2005 more than 52000 married men end
their life).


Why You Should Not Marry A 498A Indian Women


Married Men Are Dying Even Faster….

Age and Gender wise profiles of those who died by suicide in India (Year: 1999)


Why You Should Marry A Foreigner

• You travel a lot and knows who can be best life partner for you after considering
Indian women psyche and greed.They how to enjoy the lavish life style without even
earning a Single penny by their hard work.

• Only well off people are implicated by greedy wives by misusing the Indian law, no
rickshaw puller has ever been implicated – and you are the one who is well off and
can give her a huge settlement amount.

• You have a wonderful life and can enjoy your life better when you do not fear
dominating Indian wife – foreigners are generally more understanding and adjusting.
They also have a respect for gender equality – which Indian women and laws don’t
have.

• All channels show everyday some software engineer, engineer, NRI or corporate
manager being implicated by wife and harassed by media. And….you are one of
them. A foreigner wife will not do it to you.

• Indian laws do not allow a men to get divorce. It depends on the mercy of wife. They
two option end the life in the form of suicide or became the victim of Legal Terrorism.


Who Are We …Victims of Legal Terrorism in India

• Over a period of time – after a lot of research and meeting up with all
sections of society and authority, in spite of Supreme Court’s Caution to
Stop the legal Terrorism , our Government are Sleeping and we are forced
to take a decision to save our own Life and our future Child’s life :

– Encourage Indian professionals to marry a foreigner.
– Encourage live in relationships, marriage means you are a Free ATM machine.
– Create awareness about all marital laws in India and its misuse, Marriage
became a crime for not only to Indian men , it is crime for his
mother/sisters/sister's child also.
– Start funding and legal advise to fight against Indian 498A type wives to stop
Legal Terrorism.
– File appropriate criminal cases against Indian 498A type wives families.
– Use more and more IPC sections to counter draconian Indian laws made for
498A type wives and start collecting evidence, stink operation.
– Create awareness for prospective groom and advise them not to marry any
Indian girl/women 498A type.


Government’s immediate Action Required to Stop
this “Legal Terrorism” of India.
• Make Section IPC498A as Bailable Offence.
• Make Section 498A of IPC non-cognizable to prevent
arrest of innocent citizens based on mere
complaints unsubstantiated by evidence or
investigation.
• Make IPC498A and Domestic Violence Law gender
neutral and provide equal protection for Men and
women form Domestic Violence.
• Impose heavy penalties by default on people for
misusing IPC498A and Domestic Violence Law as
weapons for settling personal scores in marital
disputes.

Government’s immediate Action Required to Stop
this “Legal Terrorism” of India.

Indian Men need protection too…
…from domestic abuse

…from misuse of women-protection laws and “legal
terrorism” !!!


Support Network – Internet &Other Groups

• Supported By :
www.saveindianfamily.org
www.savefamily.org
www.asha-kiran.org
www.mynation.net
www.protectindianfamily.org
• SIFF, Asha Kiran, My Nation , BPSS

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