Archive for the ‘lawyers collective’ Category

Domestic Violence Awareness Month – India

October 5, 2009

October has apparently been designated as Domestic Violence Awareness Month by National Coalition Against Domestic Violence in 1987.  In the US, the Domestic Violence Industry profiteers have pretty much got what they wanted in terms of legislation and public policy.  By the time the public realized the damage, it was too late. Besides, in the US, the victims of the DV legislation and DV policies were too disorganized and divided to voice their angst against the bankrupt policies promoted by the DV industry profiteers.

Having accomplished their mission, the feminazis of US have turned their attention to their eastern neighbours. None proved to be a more fertile ground for implanting their bankrupt policies than India. They found their best partner in Indira Jaising of Lawyers Collective to organize the urban feminazi, who are miniscule percentage of population but have disproportionate access to the echelons of the power. Funds were channeled to Lawyers Collective and Indira Jaising through UNIFEM to bring about DV legislation to India. The result was the most insidious and most ridiculous DV legislation in the form of Protection Of Women against Domestic Violence Act 2005, passed by the Indian Parliament on Oct 26, 2006.

This year, Save Indian Family Foundation is organizing the Domestic Violence Awareness Month, to highlight

– the malicious nature of gender biased and unconstitutional acts of  PWDVA and ipc 498a

– the atrocities committed by the police and the judiciary against innocent and defenseless citizens in the name of women protection legislation

– the complete marginalization and exploitation of males in matters relating to family law like child custody, maintenance, alimony and divorce

Save Indian Family Foundation and its sister NGOs are calling on all the victims of illegitimate legislation like PWDVA and ipc498a to join hands to raise their voices against the injustice perpetrated and promoted by the Government against its own citizens.

Until all the “ostensibly women protection legislation” is amended and made gender neutral, Save Indian Family Foundation and its sister NGOs treat all the proceedings instituted, orders passed and sentences imposed using such legislation as illegitimate and morally reprehensible.  This Domestic Violence Awareness Month, we will ensure this message is spread far and wide.

Visit the blogs below for more information.

_________________________________________________________

http://dvawareness-india.blogspot.com/
http://dvawarenessindia.blogspot.com/
http://dvawarenessindia.wordpress.com/

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Bell Bajao – Breakthrough in Swindling Charity Money

June 9, 2009

Ca Ching! The cash register is ringing non-stop and the money is pouring in from all corners!

Oh my God! One in three women in India is a victim of Domestic Violence, that too “behind closed doors”! What a shame? What a shame?

The Goebbels of Third Reich is hanging his head in shame from his comfortable ensconce in hell looking at the scale and intensity of the “Bell Bajao” campaign!

Not to be left behind, the corporate heavy weights like Google, Intel, Bloomberg and other sundry do-gooders eagerly attach their names to the campaign!

Here are the Domestic Violence Industry profiteers in full force and action, what with merchandise for sale, Domestic Violence credit cards, charity monies from the sundry foundations – the profits appear to be unbelievable and unstoppable!

So what is really happening with this shameful campaign? Our beloved Sentinel (the author of Survival Guide to IPC 498a and blogger at ipc498a.wordpress.com) has applied his keen analytical skills and sharp pen to deconstruct this campaign in his posting here –

To The Feminazis Of The Bell Bajao Campaign

Here are some excerpts –

One out of every three women faces violence behind closed doors

Really ??!!!

Let’s take a look at this number again.

India has a population of 1,000,000,000 (1+ Billion.  What a shame !)

Let’s say approximately half of them are women of all ages so that makes it 500,000,000.

According to this Feminazi statistic,  1/3 of these women of all ages face domestic violence behind closed doors.

This means

500,000,000 / 3 = 166,666,667

which is effectively a little more than half the population of the US.

Considering that this law (PWDVA) defines domestic violence as being inflicted only by men upon women, then we have an equal number of men, 166,666,667,  subjecting women to domestic violence behind closed doors.

This effectively means, 320,000,000 Indians are living in violence and misery.

What does this number really mean?

This number means that the entire Indian Middle Class is living in misery and subjecting itself to domestic violence.

Why would I say middle class?

Because nobody cares about the  poor and the abjectly  poor brethen of our country, whose number goes into 600,000,000+. They face a greater violence, poverty.

How does one apply the DV in its present form, with compensations, right to residence and all its idiocies to the poor and the very poor?  Heck  ! If you don’t live in a house which Bell will you Bajao?

In reality the poor don’t have the taste for the finer aspects of life like the PWDVA.

You can forget about the political class and the very rich. Things like the DV Act don’t apply to them, because if it did, the beneficiaries of this nonsense would be booted onto the streets, instead of hob nobbing with the elites and the political class in fancy hotels and conference venues. Try getting past the security guards and the throngs of hangers on to Bajao the Bell of the homes of the political class and the very rich.  To illustriate my point, try to Bajao the Bell of Union Minister “498A accused” Arjun Singh !!

By this reasoning,  a huge chunk of the Indian population can be eliminated from the purview of the DV Act.

This leaves the upper middle, the middle, and the lower middle classes, which are estimated to be around 400,000,000. The PWDVA is targeted precisely towards this strata of Indian society and so does this shoddy campaign. The middles classes have not organized themselves into a solid voting block. They remain divided and are a tempting target for the Feminazis to extract their pound of flesh from.

For a population size that is still greater than that of the US, that is a lot of Bells To Bajao, cases to stuff down into clogged courts, protection orders to issue and prime properties to be taken over under the excuse of right to residence!!

One last question – If all this domestic violence was going on behind closed doors, how on earth did these people compile these statistics ?

—–

Now floks, you get the picture. These profiteers of Domestic Violence Industry have no principles, no scruples and no morals. They feed on ignorance of the charities, they feed on the misery and devastation they cause in the society and they profit from utter and pure lies. They can do all this because they have mastered the art of propaganda. Sad truth is, there is nobody in positions of power, respect or authority left to challenge these dishonest and disgusting people!

Protest Letter to The Minister For Women and Child Development, Ms Renuka Chowdhury

May 26, 2008

 

FROM THE SAVE INDIAN FAMILY FOUNDATION
PROTEST LETTER TO THE MINISTER FOR WOMEN AND CHILD DEVELOPMENT, MS RENUKA CHOWDHURY

Ms Renuka Chowdhury
Minister of State
Ministry of Women & Child Development
Shastri Bhawan
New Delhi

Respected Minister Ms Renuka Chowdhary, 

We, on behalf of Save Indian Family Foundation write to you to expeditiously amend the lopsided PWDVA which was passed under tremendous pressure from a small minority of vocal and radical feminist elements of our country.

PWDVA was not passed by our legislature with due consideration for human rights, prevention of abuse and protection of genuine victims of domestic abuse. SIFF is not opposed to such a legislation that truly protects partners in a domestic relationship from abuse by the other partner. What we strenuously oppose is, the ample scope provided in the PWDVA legislation for the abusers of legal processes for personal gain, thereby unleashing “legal terrorism” upon innocent citizens.

We would like to point out that this legislation which affects crores and crores of population across length and breadth of our vast country, was passed after consultations with only a handful of pressure groups who are well funded from the public and charity monies; and those who are well connected with the upper echelons of power. These people who staunchly oppose bringing back sanity into the legislation are not in any way connected to the realities faced by the common men and women of our complex society. For them, their self-serving radical ideologies are far more important than the devastations that would be visited upon common folk with the passage and implementation of “poorly drafted” laws.

Time and again, we hear the argument that patriarchal males are opposed to this law. Nothing can be farther from the truth. It is the patriarchal males that are perhaps the most vocal supporters. It is the patriarchal males that think all women, except in their own household, are victims of male aggression. It is the patriarchal males that are the root cause of the immense sufferings undergone by the vast majority of the population when “legal terrorism” is unleashed by the unscrupulous elements. This is more than evident if you care to observe any legal proceedings in marital disputes in our judicial system.

Save Indian Family Foundation is, by no stretch of imagination, a male dominated patriarchal institution. We oppose patriarchy in all its forms. We oppose the evil perpetrated by the patriarchy on the common man. On the other hand, Save Indian Family Foundation represents those that are victims of patriarchy and the lopsided women protection laws that are often blatantly misused.

In the last four years, more than 95000 innocent women were arrested under the most abused legal provision ipc 498a. SIFF is the only institution that speaks for these forgotten women. SIFF speaks for the women whose sons’ and brothers’ lives are ruined by the most abused provisions of women protection laws. SIFF speaks for the elders in their twilight years, hauled into the police custody and court cases for no apparent violation of any law. SIFF speaks for those elders who have spent a life time living a prudent life, who wish to live out the rest of their advanced years in a little house they built for themselves with their own earnings and who stand to be dispossessed based on the legislative abomination called PWDVA that your ministry has promoted. SIFF speaks for minor children who are rendered fatherless at tender age when the patriarchal male dominated judicial system denies these tender souls the right to enjoy the company of both their biological parents. SIFF speaks for the scores of minor children forced into police stations based on blatant lies uttered by disgruntled women and their unscrupulous lawyers.

SIFF speaks for all these disenfranchised voices. We would also like to remind you – these disenfranchised voices will only multiply in numbers as you yield to the pressure tactics of the vocal minority represented by the radical feminist outfits. These outfits DO NOT represent anyone in our country, much less the victimised women.

We frequently hear of the bloated statistics being used as a justification for passing laws that are fraught with loopholes and prone to misuse. Please do not read these statistics in isolation. Not all suicides or deaths of married women are due to dowry harassment. Whenever, the radical feminists quote a statistic concerning crimes against women, please go ahead and look at the percentage of that in the total crime picture. Women in India are a lot safer compared to many parts of the world. Crime against women in India is less than crime against women in the USA. This, despite the fact that the crime numbers in India are skewed due to the large number of false cases filed and admitted by our corrupt law enforcement machinery.

The apex court of our country, the Supreme Court, has already declared that the PWDVA is a poorly drafted law. Many a legal luminary of our country, including Soli Sorabji, has pointed out serious deficiencies in this legislation. There is enough anecdotal evidence that lawyers are having a field day using this legislation, playing with the lives and livelihood of ordinary citizens. Batra vs Batra 2006 case is a great such example and where Supreme Court brought some sanity back into this poorly drafted legislation.

It is time, you and the rest of the political establishment realize that the most vocal and most radical feminist organizations of our country are but a small minority wielding disproportionate influence in the policy decisions of the government. They DO NOT speak for the women of India. It is the free flow of funds that is sustaining their existence. It is time you listen to the voices of the masses and to the voices of reason. It is time you show these radical organisations their place.

We strongly urge you to amend the “poorly drafted” PWDVA and restore a sense of sanity to all the women protection legislation. We, the mothers, the sisters, the brothers and the fathers, fully support protecting our sisters and our daughters. We, however, would strenuously oppose a small fringe minority of radical feminists running roughshod over principles of human rights, fair play and social harmony in the name of women protection legislation. We demand respect for human rights of all citizens.

Save Indian Family Foundation

 

Sonia Un-Gandhi’s Stratagem

February 22, 2008

Sonia Gandhi, UPA chairperson, congress supremo and the de-facto ruler of India, has issued not so subtle a suggestion [sic] to Chidambaram, the finance minister – dispense generously the tax-payer funded largesse to the radical feminist outfits and to their agendas. To couch her radical agenda in palatable terms, she threw in the words “common man” and “farmers”, both of whose lives have become immensely intolerable under her rule in spite of the phenomenal 8-9% growth rates India has achieved.

What is the record of Sonia led UPA Government in keeping social harmony in the country? Having exhausted other bankrupt vote bank ideas, they have latched onto the last frontier in divide and rule stratagem – of dividing the basic, fundamental building block of our ancient society – the family. By importing the thoroughly disgraced western, extremist, radical feminist ideologies, the Sonia led UPA Government has embarked on a destructive trajectory to rob our traditional society of its dignity and peace.

The existence of IPC Sec 498a in our law books in its present form cannot be justified under any norms of dispensation of justice. Adding insult to the injury, the Sonia led UPA Government have introduced yet another family decimating, poorly drafted legislation in the form of PWDVA. Time and again, the judiciary witnessing the patent abuse of the legal process, breeding unchecked corruption in its wake, has appealed to the government to amend these laws. The accused citizens are rendered defenseless against the massive Government machinery out to persecute them. Summary arrests are the norm. Many documented instances have come to light wherein this draconian legal provision has been unleashed to settle personal scores and as weapons of extortion.

The statistics speak for the national shame that is perpetrated under the guise of women protection laws under the Congress regime. In the last four years under the Congress rule, more than 90,000 WOMEN were arrested and sent to custody for no apparent violation of law. The number of suicides by males in every age group studied outnumbered the number of suicides by females in those respective age groups. Nearly twice as many married men in the prime of their youth, committed suicide compared to married women in the years 2004 and 2005. Most of these suicides are directly attributable to the misuse of poorly drafted “women protection laws” which are amenable to misuse and corruption.

To further their objectives of dividing the peaceable population on the basis of gender, the Sonia led UPA Government has co-opted the services of the radical feminist organizations of the country like Councial of Social Research and Lawyers Collective. They act as the mouthpieces for the massive, Gobbelian propaganda denigrating whole sections of Indian society as greedy bride burners; and portraying all women in India to be helpless victims of male violence.

There are several laws in our books which were made nearly two hundred years ago by our colonial rulers. For example, take the adultery law. When adultery is committed by a married woman, the man party to the adultery is treated as criminal and not the woman. Many women have successfully used this provision to blackmail vulnerable men. Sonia led UPA Government pretends ignorance of abuse of these and other anachronistic laws. Sonia led UPA Government and their cohorts at NCW, like Girija Vyas perpetuate the myth that women are victims always – even when a woman abuses the laws to deliberately inflict maximum harm on other women and children.

Utilizing the massive Government machinery and tax-payer funds, Sonia led UPA Government is engaged in brainwashing women living in tranquil family settings to believe they are victims. They are encouraged to unleash legal terrorism against their husbands and in-laws, for any perceived or petty grievance. Once the family gets entangled in the corrupt criminal justice system, there is no chance of any reconciliation or restoration of family life. Many women have fallen victim to this propaganda and broken their families.

Family is the basic building block of any society, but it is much more than that in the case of traditional and ancient society like the Indian. Family provides the social security across generations. Sonia led UPA Govt feels no compunctions in destroying that basic building block on the same lines as has been accomplished in the west. As long as their coffers are filled with vote banks, nothing else matters to them.

All thinking individuals must ponder these – Does India have the infrastructure and wealth to put in place the social security that is destroyed when a misplaced legislation like PWDVA or ipc498a precipitates in the destruction of our time tested family system? Should we allow an alien cultural invader like Sonia Gandhi to tread roughshod over our way of life by destroying our culture and supplanting it with an alien non-culture?

Social Ostracism of 498a Women and Their Families

February 16, 2008
Section 498a of Indian Penal Code has become the consummate embodiment of gross human rights violation, blackmail, extortion and corruption. What makes this section particularly amenable to all of the above is that it assumes the accused to be guilty until proven innocent. “Guilty until proven innocent” may appear on the surface to be not such a big deal, but it is the root cause of the intense corruption surrounding this section.  Enough analysis has been done on the abuses perpetrated under this section. The final nail in the portrayal of this abuse was driven when the apex court of our country, the Supreme Court, termed the abuse of Sec 498a as “Legal Terrorism”. Now, Section 498a has become synonymous with the term Legal Terrorism.

However, not enough has been written about the perpetrators of this abuse and how civil society must deal with them. Although, you hear an occasional news article condemning the abuse, in most cases, the media has been selectively biased in reporting the truth about these abuses or the abusers. Journalistic ranks have been infiltrated by the radical feminist elements. They regurgitate the same platitudes, occasionally recycling the same old tired stories of victimhood of women in our society, to justify the continuance of such illegitimate legislation in our legal regime. Rarely do you see anyone questioning the motives or background of the abusers.

Now that we have enough number of cases in the public domain, can we use this evidence to draw some generic conclusions about these blackmailers? Who are these women who file 498a? What are their backgrounds? What is overarching truth about these abusers? How should the society deal with them? These are the questions that need some thinking and reflection. 

There are just two main classes into which most of these filers of 498a can be fitted into. 

  • Adultery/Incest Category
  • Extortion of money Category

 Adultery and Incest

 Anecdotally, behind most 498a cases is a story of adultery or incest.  In almost all cases, the instigator for filing a 498a case is a male member, who is in some way, related to the woman filing 498a. 

Surprisingly, in majority of the cases, the male happens to be the husband of the sister of the woman (ie. the brother-in-law). If one digs deeper, there is a story of brother-in-law abusing his position to entice the gullible sister-in-law into a destructive and dependent relationship. When the wife’s sister gets married, the intensely jealous brother-in-law refuses to let go of her, often instigating her to blow up small differences into major family problems. At the right time, he connives with the rest of the family and instigates them to file a false 498a case, thus breaking her marriage and destroying the future of everyone concerned. In some extreme cases, the brother-in-law even fathered an illegitimate child. When the paternity fraud was discovered, they took shelter in a false 498a.

In yet other cases, as outrageous as it is, it is the brother, the father or a cousin that has incestuous relationship with the girl, who instigates the filing of 498a. The remaining cases involve an ex-boyfriend re-entering her life, resulting in adulterous rendezvous that invariably become exposed. When the adultery is exposed, 498a offers the only shield that can be wielded against her hapless husband at the tax-payers expense.

Extortion of money

 Under this category, the women filing 498a are those who were never interested in matrimony. For these women, 498a is the get-rich-quick scheme of choice. They actively scout around in the matrimonial sites for their next bakra, preferably an NRI, induce him into matrimony and file a 498a within a few months of marriage. There are recorded cases of women repeating this trick three to four times and becoming instant millionaires in the process, finally marrying their boy friends and living happily ever after, while their hapless husbands continue fighting the corrupt criminal justice system of India.

Social Ostracism

So what can be done by the civil society to deal with these criminal families? Social Ostracism is the answer. 

498a legislation is essentially illegitimate and anti-social. However, the Government which is controlled by the radical feminist elements refuses to acknowledge the abuse of the system in the face of mountains of supporting evidence. Most media in India is corrupt and shows little regard for the societal suffering or injustice. Judiciary and police are either brainwashed or conditioned by means of tax-payer funded sensitization programs to wear blinkers that ignore the evil perpetrated by the feminine gender. All the so called “equality demanding feminists” refuse to acknowledge that equality implies women are as capable of evil as are men. If a man can commit murder, so can a woman and many women do. If a man can lie, so can a woman and many women do.

It was heartening to note in the recent Pooja Chauhan episode, where a deranged prostitute who filed a false 498a against her in-laws and paraded her naked body on the streets demanding arrest of her in-laws, the community elders rose to the defense of the accused. This should provide the model for combating the menace of 498a in every corner of India.

In every case of marital breakdown, the first question the society should ask is – has the woman’s family filed a 498a case? If the answer is yes, then close attention to that woman and her family must be paid by all the responsible members of the society. Sooner or later, the full story of incest, adultery or blackmail would become evident and then become public knowledge.

Conclusion

Next time, you find an alliance of a divorced woman, find out from whatever records you find, if the woman filed a 498a case. Let everyone at work, family and neighborhood know the truth about the filers of 498a cases. Time will not be far off when 498a becomes not only synonymous with Legal Terrorism, but also with Adultery, Incest and Blackmail.

Anniversary of the Abomination called PWDVA (Protection of Women Against Domestic Violence Act 2005)

October 30, 2007

October 26, 2007 marked the first anniversary of the passage of the legislative abomination called PWDVA 2005 (Protection of Women against Domestic Violence Act). On that day, a posse of dedicated volunteers from the rapidly growing Save Indian Family Foundation staged a protest at Jantar Mantar, New Delhi, opposing the draconian provisions of this malicious piece of legislation.

Before the radical feminist propaganda machine rolls into high gear branding Save Indian Family as a misogynist, patriarchal, male chauvinist organization promoting violence against women, let me make it clear to all the readers – Save Indian Family foundation opposes all forms of domestic violence. SIFF is not opposed to legislation to protect a spouse from intimate partner violence. What SIFF is opposed to is the extremist legislation whose goals are more of fulfillment of radical feminist agendas rather than the true protection of vulnerable women. In the following paragraphs, I will illustrate how this legislative abomination called PWDVA, is more about establishing a radical feminist hegemony in Indian civil society than about protecting women from violence.

The period preceding the passing of this extremist legislation was characterized by the careful orchestration of a large scale propaganda, both in national and international media about the prevalence of domestic violence against women in India. The UN was co-opted to provide the cover of legitimacy to the radical feminists’ fictitious accounts. Some of the headlines read – “75% of Indian women subjected to Domestic Violence – UN Study”, implying a whopping 75% of the men in India are perpetrators of Domestic Violence. Many international media carried this headline, and not one sensible elder either from political parties or from the ranks of the government had the courage to condemn this fallacious propaganda or at the least challenge this study. The task eventually fell upon the volunteers of SIFF, who in coordination with other international men’s groups worked to set the record straight. The result was a retraction by the Washington Times.

Over the last one year, there were several criticisms heard from both the proponents and opponents of this draconian piece of legislation. Proponents claim the implementation is lax, not enough awareness exists about the provisions of the legislation and that the police and judiciary are not sensitized. On the other hand, the opponents claim that the law was badly drafted and it is difficult to implement it. Also, they claim there is ample scope for misuse of the provisions. One such erudite article was written by Sri R.K.Gauba and you can find the link here.

One rarely hears about any analysis of the sheer magnitude of male hating malice and callousness packed into this piece of legislation.  PWDVA was drafted intentionally to cause maximum amount of disruption and chaos in the society. The language in the act was intentionally left ambiguous, so the doors are left open for extortion and blackmail. I will elaborate on this further down. The passage of this legislation in our parliament is a reflection of the complete control the non-governmental radical feminist groups like lawyers collective, Council for Social Research have obtained over the legislative agenda and the legislative process of our country. In the following paragraphs, I intend to highlight some of the more insidious provisions of this law.

Definitional nightmare

One of the foundations of any sensible legal regime is, the predictability and reasonableness in interpretation. To that end, definitions must be made parsimoniously, so that as little room is left for guesswork or distorted interpretations. In a stroke of deliberate callousness, the authors of this legislation came up with definitions that would be a nightmare in any legal proceeding.

To illustrate – while defining the right to residence, they included the words “have lived at any point of time”.   There is no conception of when, where, how long, contained anywhere in the act. The second example is the definition of “aggrieved person”. Firstly, the aggrieved person can be only be a woman, and the one who is or has been in a domestic relationship. Taken together, these two definitions effectively leave the door open for any unscrupulous woman to implicate any man whom they have successfully induced into some sort of association.

Every word in the definition of the term Domestic Violence is dripping with male hatred of radical feminists. The authors of this legislation have given away unadulterated picture of their true agendas in this definition. I leave it as an exercise to the reader to go read for themselves the definition of Domestic Violence in this act. I just want to highlight one snippet here “any act, omission or commission or conduct”.

Wow! “Any act, omission, commission or conduct”!!! I challenge the morons who authored this idiotic definition, to show one grown up human being (either a man or a woman) in this world, who would not be guilty of having committed domestic violence as per this definition. Given these open ended definitions; one can only surmise what were the true intentions of the authors of this legislation. Was it meant as a true protection from violence for a victimized, helpless woman; or as a weapon of blackmail in the hands of a marauding, vitriolic, supercilious, upwardly mobile, short tempered urban termagant?

Complete marginalization of male in a relationship

The most significant aspect of this whole act is – the systematic destruction of any semblance of the rights of men. Only a male can be accused under this law. Once accused under this law, there is nothing, let me repeat, literally nothing in this act that gives an accused male (the so called respondent) any chance of successful defense. All proceedings are summary – confiscation of his assets, dispossession of his rightful residence and summary penalties etc are all formalized.

Radical feminists like Indira Jaisingh would have you believe that the basis for DV act was respect for human rights of the individuals concerned in a domestic relationship. But you cannot confer rights on one section of the citizenry by removing the fundamental and human rights from another section of the citizenry. This is exactly what the DV act accomplishes.

Lack of proportionality

One major, and perhaps very intentional, flaw in this legislation is the lack of proportionality. In every country in the world, partners in a relationship accumulate rights and responsibilities based on the duration of the relationship – the longer the duration, the higher the accumulation of such rights and responsibilities. Not so under PWDVA of India. Any woman who seduces a man into a day or two of relationship can claim Domestic violence if the man refuses to continue his relationship with the whore. She has same rights under this legislation as the wife of twenty years of a man.

Civil law charade

Another ostensible defense we hear from the proponents of this legislation is that this is a civil remedy. I want to roundly condemn this charade of civil remedy propagated by the feminist propaganda machine.

If you read through the legislation, the proceedings to obtain a protection order are summary and give not much opportunity to the male to either contradict or to have a defense in open court. Once all his defenses are robbed off, and a protection order is made, he is obliged to follow that order. Any violation, intentional or unintentional, is a cognizable and non-bailable criminal offense. This charade of ‘civil law’ is actually a mechanism to co-opt the state machinery in the blackmail scheme. Here is the subtle threat – pay up now, before I convert this into a criminal case.

With 498a, they did not have that opportunity. There was only chance – you file the complaint and hope for the best. The drafters of PWDVA have now rectified the “problem” with the 498a by legislating a so called “civil remedy”, which can be turned into a criminal offence at the convenience of the lady, for most effective extortion.

Intimidation of Judiciary

But for the existence of independent higher judiciary, one can only wonder where the radical feminists would have taken our polity to.   As the judiciary encounters more and more outrageous cases of exploitation like the “Batra vs Batra – 2006” case, they have taken a balanced approach in interpreting the badly drafted laws to preserve harmony in the society while ensuring genuine victims receive justice. Supreme court judgment in Batra vs Batra 2006, is a great example how the courts are performing this balancing act. Let me quote from the above Supreme court judgment – “It is well settled that any interpretation which leads to absurdity should not be accepted”.

Many provisions in the “poorly drafted” DV Act do lead to absurdities. It is now befalling on the courts to give sensible interpretation to the most pernicious provisions in the act to forestall chaos in the society. Most litigation in our country is fought in open courts under an adversarial and rule based system we inherited from the English. Most courts pronounce judgments based on the facts of the case coupled with sound reasoning and sensible interpretation of legal provisions. Judgments in the cases of DVAct or Dowry Prohibition act or 498a are no different.

When the apex court of our country made a criticism that the law was poorly drafted, it did not make a cavalier statement without basis in fact. Instead of accepting the fact that the law was indeed poorly drafted, the likes of Indira Jaisingh and Brinda Karat have taken to acts of intimidation of the judiciary. Indira Jaisingh as penned two articles, one titled “Crying hoarse, not wolf”, and “Family against Woman”.   Line by line refutation of both of these inane rants can be done, but serves no purpose. Suffice it to say, both these articles were written with an oblique motive of influencing or intimidating the judiciary to tow the party line. This approach is not new to  Indira Jaisingh, who led several successive, but unsuccessful, attacks to smear the name of Justice Shiv Narain Dhingra.

The feminist collectives have very successfully and effectively rigged the political and legislative processes. However, they could not complete the process by subverting the judiciary as well. Not that they did not try, and to some extent, they may have even succeeded too. But, still one can expect (even an accused male) semblance of justice as he reaches higher echelons of the judiciary. We hope that higher echelons of judiciary will continue to uphold the principles of fair play, constitutional and fundamental rights even in the face of intimidation from corrupt and radical feminists. Any concerted attacks on the judiciary by the radical feminists must be vigorously opposed by all sections of the civil society.

Epilogue on Right to residence

Right to residence is one of the most ill-drafted and pernicious provisions in this act. The following modifications must be incorporated into the act immediately –

a)    The SC guidelines on Shared household as pronounced in Batra vs Batra must be formalized and incorporated into the act. Shared household cannot be the self acquired property of the parents of the male in a domestic relationship. Often, a couple invests a whole lifetime in acquiring s property so they can spend their twilight years in peace and harmony. An irate daughter-in-law in a strained relationship with her husband   should not be allowed to rob them of that.

b)     Joint family property – Often Indian joint families across multiple generations, both vertically and horizontally, tend to live in a joint family property which may consists of only three or four rooms. I was witness to many such families. If an unscrupulous woman is allowed a residence order in such a joint family property, it will result in the dispossession and displacement of multiple members of the joint family.  The needs of residence of an estranged wife or a live-in can surely be met without necessarily dispossessing countless others.