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IPC Section 498-A: Misuse

Dedicated to the Victimised Indian Families, Who are falsely threatened & Blackmailed by the Indian Daughters-In-Law & her family members, and those Victimised families who are already falsely charged under the Section 498A. Its all about False charges of Dowry Law, Domestic Violence, Alimony, Marriage and Divorce. NOTE: All articles are my personal copyright. They may be republished if the source is acknowledged and a link provided to this site. This is not an Anti-Women Blog. Read Disclaimer.

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Location: Mumbai, Maharashtra, India

Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. What kind of equality is this? I thank you for visiting my blog, Please visit again. And I welcome you to participate on my Blog. [indianhusbands (at-the-rate) yahoo (dot) com]. Click here for Main Page

Sunday, February 26, 2006

498a Lagaan

This is a story, Once upon a time, Inspite of males as best chef, designer etc etc still they got to hear that women are ruling everywhere by virtue of their adverse branding, that was not a problem for males as they love to be humbled down in front of the wives. But the law was not recognizing the status of male. They all approached the Emperor to give some solution.

Now what can be done? So all the boys decided that we should beat the girls in one such sport where their chances of winning are just impossible and then they will be free once the husbands and wives decided to play cricket match and the result will decide the superior sex. As winning in tailoring or cooking has not worked with the superiority status. The Emperor too decided that a cricket match should be conducted between the genders and then let the winning team be called supreme. The loosing team will have to compensate the winners in some or the other fashion. The boys said "Sau kode manzoor hai Sarkaar, magar hum ladenge."

The day soon came. Now there was this toss and the female captain was asked to call. She said tails and before the toss could be called the male captain said “Halt! Ladies First so let them decide what they want” The lady captain after some ego display decided to bowl first.

Batting First:
The guys were quite optimist to bat first as the psychological pressure is on the chasing team, the first over started. Being a daily practice the guys started playing effectively the strokes and kept on scoring runs over after over. It was 40 runs at the end of the 3 overs with on loss of wickets. The girls were feeling the heat and suddenly a new rule book was sent the umpire. Passed by the board of New Cricketing Women Committee.

On the first delivery the guy just played the ball. But what did he see? All the girls shouted in appeal and up went the finger of the umpire. Now what was that? The dismissal was declared Plum BBW Bat Before Wicket. (Had there been no bat the stumps would have been bowled.) So the guys were 40 for the loss of 1 wicket. The umpire shrugged and said its in the new books. The batsman showed displeasure while walking away. He was fined later.

Second wicket felt in the similar way in the very next ball. The guys were shocked and now the lady bowler was on a hatrick. And the 3rd man in anticipation to avoid the BBW rule raised the bat and the bowl kissed the stumps to the ground. 40/3 in 4.3 overs. The rest 3 bowls were missing the stumps and hence were dot bowls straight in the hands of the wicket keeper. The girls were calling names and bullying (thanks to the new rule) where the guys were helpless as they knew they could be charged.

3 overs passed by, the wickets kept on falling, with the BBW rule no runs scored and 3rd umpires were not consulted for runouts and stumpings. The score was now 40/8 and suddenly the new coming batsman decided to hit and he could manage a fulltoss for a six and then three runs thus reaching the score to 49-8 one short of fifty. The crowd started cheering, with some lady members joined too.

Further, the batsman was provoked by the bowling team as “Namard” and asked him to wear bangles and was told that if he had guts he should remove the helmet and Bat. The batsman got provoked and accepted the challenge; he roared towards the girl and commanded her to bowl. She did so and bowled a super bodyline bowl that hit the boy on his head, injuring him and paralyzing him at that moment to continue. He was declared retired hurt and the next batsman did not dare to come to the ground as he went underground.

The scored stayed where it was. And the target of 50 was to be scored in 10 overs match. The guys were depressed but not hopeless as they too were optimistic about the BBW rule and no 3rd umpire rule. But they were in for surprise.

Chasing:
The girls went with optimism as they knew that the Emperors law is by their side and definitely not with the boys. The guys were in for a shock as they saw the crease box was doubled in its length and the running between the wickets was reduced accordingly for the girls (never mind) but there was another shock just one stump for them as a wicket. Adding the tension for claiming wickets as LBW BBW and even bold. But they wanted to win.

The 1st bowl was straight line and length and plum BBW and an appeal. The umpire said that the “Rule is only applicable when boys are batting against girls” and the guys almost fainted with this one sided rule.

The girls went on to score runs with these facilities. But they were greedy and hence they tried taking a quick single and there the single stump was uprooted running them out. The boys celebrated and the girl started to cry as tears rolled. But the umpire consulted the 3rd umpire and though the evidence was clear still they declared it as “not out”. As the perpetual benefit of doubt prevailed and it was said that the throw was faster than the running speed and hence sympathy could not be ruled. And it was said in such cases “Camera captures are not sufficient to prove.” The boys who formed a huddle in anticipation of a positive decision from the 3rd Umpire were ignominously defamed as "Gays" by the batting team supporters.

Another appeal for LBW was ruled out as the boys appealed but the counter appeal of the girl was sustained as she felt mentally tortured with the roar of the boys. The score inching higher to 20 for no loss at the end of 3 overs.

Another delivery where the girl was totally beaten by the delivery sparked controversy. Her ego got hurt, She said “my father never bowled like this, you have hurt me, this is violence, this is abuse” There was an enquiry panel who charged the boy with charges without trial along with the wicket keeper and slips fielders who too participated in causing mental torture according-to-the-girl batting. They were called off the field and arrested and suddenly the scene on the ground went haywire. There were a group of Nuisance Causing Women who came with dholak and started to shout along with some men supporting them. The ones who tried to intervene from the boys' side were also summoned by the New Cricketing Women Committee.

Looking at this, the clouds started to cry and poured rain. The play was called off, most of them arrested under non-bailable offence and were termed as criminals by the state with a non compoundable offence.

Some how with the left over 4 players from the boys's side in the field the play continued but then 'Duckworth Lewis' was applied post rain and the result was declaring the match in favor of girls. Thus proving an empowerment of them.

The women supporters to men were attacked by the bowling team supporters by calling names, alleging and linking sisters wrongly with the team members for having relation thus embarrassing them. Moreover such supporters were disguised in the uniform that supported the boys’ team. The BBW hatrick girl was declared the women of the match as her participation was immense in all departments including name calling and filing charges along with crying.


In the presentation ceremony only the girls’ victorious team was present the rest were arrested. The girls were given the accolades and also 50% of the boys match share. The boys were accordingly fined. They had to pay the Lagaan forever as 50% of the match share to the girls every time they played.

Similar is a case of the guys who are involved in divorce, who get 498a-ed or threatened, penalised as alimony (by the law and in-laws) for no good reasons to justify something like BBW or Duckworth Lewis Formula or the other reasons mentioned.

Clean Bowled,

Jinesh Zaveri.

Sunday, February 19, 2006

Oh God!!! Its Friday

I am currently having the privilege of handling the Free Mumbai helpline to guide the victims. Though the job is tough but satisfying as it creates a 2 way feel good factor. But it is more touching and frustrating. Frustrating to see the senior citizens and innocent people living in threat of flase 498a striking them for not dowry but some ego problem of their D-I-L. They are in a phase called after marriage and before 498a. It is also now called as a pre-498a stage. Where the daughter-in-law has pledged to put all the inlaws behind bars. And those people whose relatives are already 498a stuck and behind bars or victims who are just bailed out.

A Guy marries a girl for happiness. He too has dreams just like any one else…. Well just like the girl who walks in. Things settle down in some days where both the parties settle down with the realities of life that is actually 'hatt ke' from fantasies. The ones who do not come to terms with this fact suffer at their own cost of money and definitely time.

In India where there is a vast population in urban areas with a very less man-land ratio the laws are made keeping mind the rural population and applied to the majority too. This unity in diversity is causing it adverse effect now.

But what I have noticed is that most of the arrests that have been made are on Friday evening. The reasons are that the next 2 days being weekend off ensures that the husbands and his parents and relatives spend atleast that many days in jail till the court opens on Monday. And if that day happens to be a govt holiday then the proceedings are in a suspension for a further while. The other popular days are days before holidays esp if the holiday is on Friday, then Thursday is apt to arrest as the proceedings are halted for 3 days minimum and the husbands and his innocent ailing parents are in jail. I would rate these cases from past trends as more than 90%.

This is indeed proves to be a well planned and timed attack with a well spun web that ensures harassment, demoralisation of the vicitims. There is no other justification to this. As many arrests have been after 1-2 years of separation too and that to on a Friday.

Otherwise Friday is known for the events like

- Good Friday (anniversary of crucifixion of Christ.)
- Assassination of Kennedy and Lincoln or
- Even assassination M K Gandhi
- Also known for viruses attack

And now it is getting known for
- False and planned 498a arrests of Innocent husbands and family members of his side.

An innocent husband of an estranged wife is afraid of 498a, 406 and Friday.

This calls in for a P-I-L (no harm in filing this too) to atleast stop arrests on Friday or on days that precede holidays with 498a in its current state of inflexibility of
non bailable nature. Atleast in partial favour of Legal jurisprudence of 1000 guilty men escaping the clutches of law but not 1 innocent person should be punished for the crime that is not committed by him.

Hey people, Please comment on your experiences too on Friday arrests.


Eagerly,

Jinesh Zaveri.

Sunday, February 12, 2006

Yeh Duniya Agar Mil bhi Jaaye to Kya Hai?

A few days a go I got a SMS from my friend that had the following message “Sometimes Small things really matter in Life than big ones… See, You can sit on a mountain but not on a pin” I Smiled but suddenly my thought process started that headed me to blog this article of mine.

The correlation in my mind went like this. Ego is as big as a mountain and it just takes ones conscience (no matter how small) to prick and puncture it just like a pin. “Conscience” that is the word and one set of people have already made a lot of fun of this word and also whenever I have talked about it. One of the early encounters of mockery with is term was when I talked about issues like virginity and celibacy; Pre Marital Sex and Extra Marital Sex etc.

Well that reminds me of
(a) The polls that Okayed Pre Marital Sex.
(b) It reminded me of the fact that women too have the right to earn their own livelihood and should be treated equal to men.

Of the two points I totally disagree the former point for either of the gender, but my disagreeing won’t change the fact made in former point, that majority favors.
And I absolutely agree the later point as far as earning opportunity to the women is considered; even Gandhiji favored that same. Not to mix up my reservations on interdependence over independence.

For better understanding on the title of this article, let us link these facts now with divorcing couple (especially childless) within hardly 1yr of marriage. [In my view, Alimony is justified for those cases i) where the wife has been a house wife through out where the life of marriage was of a very long period and (ii) there are kids etc or both the cases and in such cases if the wife is working then she too should contribute for child maintainance]

No one divorces for pleasure. Plus divorce is legal and not a taboo anymorel. It also gives an option under section 13-b where the couple did not live as human beings atleast can part as friends.

But now comes this “tradition” that the non-traditional girl (who generally defies any clichés and prototypes) would never fail to follow, this time the tradition is of “alimony(e)y” which for a change she would religiously demand. This point is based on such cases with such double standards. [Before I begin on that, I would reiterate my biggest argument and that is both in the couple or who Girls do not want to live in Interdependence, land up in a dispute. Even those girls who are not ready to compromise with values that are a hurdle to modern practices and cheap pleasures that are unhindu, are still protected by the hindu law. And my old question of this case with separate identity is still unanswered that is “How Hindu was that Marriage?”]

Now the ideal settlement should be whatever belongs to whichever party should be returned justly. But the reality is something else.

If the girl is earning, then alimony demand may be contested but that itself is a debate. Coz if one dares to debate, there comes a blind law called Section 498A. So the blackmail pressure by default is on the Husband.

But now comes the question… “If having Pre-marital Sex is ok, let me accept that (only for the sake of discussion) and ask…


That when the Girl earns or is capable of earning by virtue of qualification and experience – Accepted, then why is alimony demanded for?


The settlement includes streedhan (so called and actual), expenses incurred by the girls side during wedding, fees for her lawyer, etc etc when everything is intended to settle, then why a maintenance sum above all these?


With the option of lumpsum or ‘repaying’ (the term is explained in the next paragraph) in monthly format where the divorce is not given but the money definitely is, the best convenient option for the divorcing bride is chosen. It is all so confusing to even express with so many combinations.

"Or to talk straight in other words (for certain cases) [and keeping in mind the empowerment and pre marital and extra marital sex acceptance] is it the maintenance (the settlement) after all a commercialization of Sexual Relations that is being charged to the Husband? (that he repays)"


Where exactly are we heading? Will the conscience ever prick. They cause fear and then make the most out of it.

With such darkness and sword of uncertainty hanging, one would definitely feel “Yeh Duniya Agar Mil Bhi Jaaye to Kya Hai?”

Clueless,

Jinesh Zaveri.