Legal Terrorism and Illegitimate Legislation

August 12, 2008

In recent years, the number of abusers of women protection legislation for personal gain or to settle scores has gone up substantially. Concomitantly, the numbers of false cases, the incidents of malfeasance, illegal detentions, police and judicial corruption as well as the backlog of unresolved cases have also skyrocketed. The trend shows no signs of waning. What makes this process so easy and convenient for the criminally minded individuals, families and state officials? The answer lies in the active state support and participation in this nefarious scheme of “legal terrorism”. While this state participation is occurring at the expense of the well-being of ordinary, law abiding citizens who have not violated any laws, the parasitic elements of the society like unethical lawyers, fund chasing and morally bankrupt feminists, lowly judiciary and corrupt police officials are immensely benefiting from this pernicious practice.

– What is the root cause for the proliferation of state sponsored legal terrorism in our country?

– Would the state sponsored legal terrorism cast its shadow in ever more areas of our public and private lives?

– Should the citizens be resigned to this state of affairs?

– What is the prognosis for the future?

In this article, I will attempt to address some of the concerns raised above.

Root Cause of Legal Terrorism is Illegitimate Legislation

The root cause of the state sponsored legal terrorism is the existence and passage of illegitimate legislation in our legal regime. Most reasonable and objective persons can quickly tell right from wrong and fair from unfair.  Thus most reasonable and objective people can also tell apart a legitimate law from an illegitimate one.

There can be several bases on which one can conclude a certain legislation to be illegitimate. However, most illegitimate legislation is identified by the following five characteristics –

Discriminatory

According the Universal Declaration of Human Rights, “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Any laws that are explicitly or implicitly discriminatory are illegitimate. Any demagogue would be tempted to play vote bank politics and pass discriminatory legislation that can rob the non-vocal minority off its legitimate protections that are hallmarks of any civilized society. In most civilized countries, constitution places limits on the illegitimate laws passed by the demagogues. For example, in the United States, any discriminatory legislation could be shot down by the Supreme Court of the US as unconstitutional if challenged. Such protections do not appear to exist in India. At least, the Supreme Court has not displayed the courage to declare discriminatory legislation as unconstitutional. Most of the ostensibly women protection laws in our country (like PWDVA, adultery laws, alimony laws) are discriminatory and thus illegitimate.

Presumption of guilt

As the jurisprudence evolved over the centuries, it has become an universally accepted maxim that an accused person is innocent until proven guilty. It is always the responsibility of the accuser to prove the guilt. In modern India, this maxim has been subverted thoroughly. In the name of special protections, the accusers have been given free pass to accuse any person at their fancy. The state, in turn, has assumed the proxy role to prosecute the accused at the taxpayer’s expense while placing the burden of proving innocence on individual citizen. This is a monumental distortion of principles of justice. Any legislation that presumes the accused as guilty until proven innocent is illegitimate. The best examples are ipc304B and ipc498A.

Summary action

Legislation that allows summary action by the judges or other officials is also illegitimate. Summary action may include confiscation, imprisonment or other penalties. Watch out summary provisions in any legislation to declare it as an illegitimate legislation. PWDVA is the best example.

Multiple laws to confer the same benefit

Many a time, in spite of the existence of legal provisions addressing certain benefits under law, new laws are passed conferring the same benefit. This results in unscrupulous elements filing multiple cases under these differing legal provisions for the same benefit, thereby flooding the court system with frivolous and vexatious litigation. The best example of this practice is the alimony and maintenance laws like 125 Cr PC, Section 24 of HMA and PWDVA.

Based on anachronistic assumptions

Society is constantly changing and evolving. Legislation passed hundreds of years ago under colonial rule may not have any relevance in the modern times. Such legislation must be scrapped and replaced with modern legislation that reflects the realities of the current state of our country and its citizens. If you come across shrill voices opposing changes to anachronistic legislation, please understand that is an illegitimate legislation still existing in our law books. It is time to agitate for changing such illegitimate anachronistic legislation. The best examples are the alimony and adultery laws in India wherein women are perpetually assumed to be victims even when they are the perpetrators.

 The Real Victims

Who are the real victims of this legal terrorism?

Any unsuspecting individual who is compelled to defend oneself against charges under any illegitimate law automatically becomes a victim of that law. Law is a coercive state instrument. Inherent fairness is a fundamental pre-requisite for the citizens to have faith in the law. When the law fails the test of fairness, individuals charged under that law become victims of state sponsored legal terrorism. In those circumstances, the guilt or innocence of the individual becomes irrelevant. Do not inquire into the guilt or innocence of the individual when that individual is on the receiving end of illegitimate laws. Extend compassion and support to them unconditionally.

Strategies to counter Legal Terrorism and Illegitimate Legislation

Reposing faith in democratic institutions to counteract the evil consequences of illegitimate legislation may not always produce results. In fact, democracy uncurbed by the constitutional limits, as is the case in present India, will always result in the passage of illegitimate legislation to safeguard the interests of vocal sections of the population. Further, corruption also plays a major role in the passage and preservation of such legislation. Once the vested interests become entrenched, the ordinary citizens become powerless in the face of massive state power and state sponsored legal terrorism.

Are we, the ordinary citizens, helpless against this state sponsored travesty? Or are there any ways in which we can counter this?

Here I am outlining some strategies that can be employed collectively by the civil society to counter this menace.

Counsel the victims

This is by far the most important strategy. When an individual is pitted against the massive state machinery, the morale of the individual takes a massive beating. In many cases, the victims of legal terrorism, overwhelmed by the odds of fighting the corrupt state machinery out to persecute them, end their lives. When such demoralized individuals come in contact with other victims, their feelings of powerlessness and hopelessness tend to be alleviated substantially. The mere act of listening to their sad plight gives them courage and strength to fight back against the injustice. Besides, the victims can learn from each other and support each other in various other ways. In fact, the common suffering will prove to be a strong bond that will result in lasting friendships. I implore all the victims reading this article to become counselors. (See above on “The Real Victims”)

Show contempt

As Mahatma Gandhi said, cooperating with evil is worse than the evil itself. The illegitimate legislation must be held in utmost contempt it rightly deserves. Just because it was passed by the parliament, it does not become legitimate if it has failed the test of fairness as discussed above. Pay particular attention to the shrill voices of vested interests that defend the illegitimate legislation.  Check on their backgrounds and understand how these vested interests stand to benefit from the existence of the illegitimate laws. Argue with them and expose them at every opportunity.

Spread awareness

Another related strategy is spreading awareness in the society about the existence of these illegitimate laws. Most of the victims of legal terrorism are caught unawares when a barrage of criminal and civil cases hits them like bolt of lightning from the blue skies. Until it happens to them, most citizens are blissfully ignorant of such laws. In fact, one of the main secrets of the propagators of illegitimate legislation is obfuscation. These propagators deliberately hide the most pernicious provisions they included in these laws in most open debates. As soon as the heat is turned up in any debate, they slip back in to platitudes and lies. The best example of this deception is “Karan Thapar vs Renuka Chaudhary” debate in which Renuka Chaudhary fell back to her rhetorical lies like “every minute a woman is burned for dowry” or something on those lines, when sustained questioning by Karan made her squirm.  One of the best weapons to fight the illegitimate laws and legal terrorism is spreading awareness. Internet will play a significant role in spreading awareness about illegitimate legislation.

Social boycott and ostracism

Finally, the most potent weapon to counter legal terrorism is the social boycott and ostracism of its perpetrators. Most relationships and transactions in our traditional society are carried out based on trust and reputation of the families. No sane person would like to enter into any marital relationship with a family who ruthlessly used the illegitimate legislation to unleash legal terrorism on another family.  Exposing the truth about the perpetrators of legal terrorism will be enough to caution other families that plan to enter into any kind of relationship with them.

Prognosis for the future

The strategies outlined above will prove to be the philosophical underpinnings for the resistance movements that will proliferate across the country to counter the menace of legal terrorism. Save Indian Family Foundation is the best example of such social resistance movement that is employing the above strategies successfully to counter the evil consequences of illegitimate women protection legislation in India.

 

 

Yellow Journalism, T.K.Rajalakshmi and Frontline

July 17, 2008

***

Here is a great example of feministic yellow journalism piece “The real victim” written by Mz. TK Rajalakshmi for the Frontline magazine 

http://www.frontlineonnet.com/stories/20080801251504600.htm

 

The farce that took place on June 25, 08 in the name of consulting men’s groups about women protection laws, has been adequately exposed in the media. The Save Indian Family NGO groups that protested the UNIFEM sponsored charade did so in a peaceful and dignified manner, while exercising the rights afforded to them in a democracy. That Renuka Chaudhary, the minister for WCD, met with the groups protesting the poorly drafted laws, is in itself not extra-ordinary. After all, she is an elected representative of the people. Listening to the grievances of the citizens affected by poorly drafted laws is, by definition, her duty.

 

Dear Mz. TK Rajalakshmi – you are either an ignoramus or a hypocrite, or worse still, both. The order passed by the Delhi Police Commissioner YS Dadwal is not a provocation for protests. It is not a new rule or law invented by the Commissioner. This is a restatement of the historic Indian Supreme Court judgment in “Joginder Kumar Vs State of UP, 1994”. In fact, all the arrests that have been taking place throughout the country under ipc498a in the last several years are in direct contravention of this landmark Supreme Court judgment. Any entity, however politically connected like AIDWA, or taxpayer funded executive body like NCW, that supports illegal arrests under any guise, is in direct contempt of the Supreme Court of India.

 

But the fascist minded commies from AIDWA (All India Democratic Women’s Association) and their supporters like the author of this yellow journalistic piece, think that they are beyond law. AIDWA is an euphemism. These commie “outfits” DO NOT believe in democracy. They believe in and support state sponsored tyranny and confiscation. They think they can cow down the judiciary and the police by hooliganism, breaking chairs and burning buses.

 

Sorry! Not this time!! There is enough civil society that is fully educated about their rights. And they will vigorously fight to assert those rights, even in the face of intimidation from corrupt quarters.

 

The whole game of dowry harassment played by the dishonest and rather evil radical feminist organizations is adequately exposed by the noted women’s rights activist Madhu Purnima Kishwar. The link is provided below for those honest enough to understand the true picture –

http://www.indiatogether.org/manushi/issue148/dowry.htm

 

It is high time we expose the fraudulent idea of “dowry death” as a special category. This is an invention of the evil radical feminist “outfits” to further their agendas. All statistical analyses indicate there is no significant statistical difference between the numbers of deaths of unmarried and married females. In fact, the total number of deaths of married females is significantly less (about half) compared to the number of deaths of married males. Presuming the husband and the extended family to be guilty in any married woman’s death is a barbaric and uncivilized act. The existence of 304-B in our legal regime is a repudiation of the centuries old jurisprudence developed throughout the world. No person who claims to believe in democracy and rule of law, in good conscience, can support this abomination. We demand scrapping this law and overturning all the illegitimate convictions obtained under IPC 304-B. If there is a death of a person under suspicious circumstances, then that death should be treated as a suspected murder, investigated and the perpetrators brought to book. That is how it done in any civilized and democratic country.

 

Finally, this piece of yellow journalism ends with an astounding and misleading (and grammatically incorrect) statement – “The campaigns against the misuse of the law has to have some substantive basis, but at least for now, there does not seem to be any.”

 

Dear Mz.Rajalakshmi – there are several sound and substantive bases for amending these idiotic laws. Let me just give you one for your benefit – “In the last four years alone more than 1,20,000 innocent women in all age groups have been arrested under the most misused legal provision – ipc498a. The arrested included  ninety year old great grand mothers, pregnant sisters, minor and unmarried girls and women with small children.”

 

This alone can be a substantive basis for amending these idiotic laws. If you have the intelligence, inclination and honesty, you will surely be able to learn of several other substantive bases on which the Save Indian Family Foundation is waging its campaigns for the amendment of these intentionally poorly drafted laws. Best of luck!

Renuka’s Roundtable Farce

June 23, 2008

Below is the letter sent out by the Ministry of WCD inviting men’s groups to attend a roundtable to be hosted on June 25, 2008.

 

=======================================

Date : 17 June, 2008

Subject: Round Table on building partnerships with men to promote Women’s Empowerment and Gender Equality

 

The Ministry of Women and Child Development, Government of India and UNIFEM cordially invite you to a round table to discuss strategies on building partnerships with men to promote gender equality and prevent gender based violence on 25th June 2008 as below.

 

Women’s empowerment and gender equality has been identified as key issues in reducing poverty and contributing to the economic development of the country. In spite of several decades of attention to mainstream gender concerns in development policy and practice, gender inequalities that disadvantage girls and women persist in society, including unequal access to education, health care, and income. Gender based violence is an issue, which almost all parts of our society have been forced to confront. It destroys human rights, reverses gains in development, and devastates families and communities. No community is immune to gender based violence – it affects all ages, classes, castes and social groups. It is for this reason that efforts at building more gender equitable society have focused on gender based violence as a fundamental area of concern and policy intervention. While many of these measures are gradually showing positive results, ideas of gender discrimination in the area of violence prevention and gender equality face resistance at several levels.

 

There is urgent need to broaden these interventions to include young boys and men to promote ideas of gender equality and justice.

 

 

 

Observe UNIFEM is sponsoring this charade. The invitations were sent on 17th June, 2008, which indicates the agenda for the meet was set much earlier than that. What more proof do you want that UNIFEM is actively subverting the very foundations of our society by financing and promoting legislative abominations like PWDVA? Most of the Feminazis of India are financed by the UNIFEM, most prominent of them being the architect of PWDVA, Ms Indira Jaising. The misery spread by this particular legislation will be felt for generations unless the citizens and civil society revolt against this madness in large numbers.

 

Most of the gobbledygook in the Ministry’s letter is a straight faced lie if you pick it apart. Gender based violence is a myth propagated by the evil radical feminists who stand to profit from the Domestic Violence Industry. It is anybody’s guess how the “poorly drafted Domestic Violence Act” would address the so-called hypothetical inequalities faced by women in access to education, healthcare and income?

 

It is true, gender based violence destroys human rights, reverses gains in development, and devastates families and communities. Can there be any better example for gender based violence than filing of false cases, in their thousands, by women in collusion with the state machinery, to terrorise the ordinary, law-abiding citizens and families?

 

The letter states – No community is immune to gender based violence – it affects all ages, classes, castes and social groups. How true! With the massive doses of tax-payer funded feminist propaganda, reaching out to far corners of the country, a lot more women living in tranquil family settings are likely to fall prey to this fallacious notion of victimhood.  Once they start unleashing “legal terrorism”, there would be no community that would remain immune to this social disaster of unparalleled proportions that is waiting to engulf our country.

 

Note the words, “gender equitable” – lest one may ask for gender neutrality in the legislation. That more women in domestic relationship face violence than men is a lie propagated by the feminist propaganda machine. This has never been proven in any study. Even if you accept this false premise, what about the small percentage of men who do face domestic violence. Don’t they deserve any protection from the law? In fact, a woman who dares to approach the police claiming domestic violence, in all likelihood is herself the aggressor. Now, look at the double whammy for the male victim of domestic violence – he has to undergo all the penal consequences imposed on the aggressor, while silently suffering the domestic violence on him with no recourse to justice from any quarter.

 

The ministry’s letter states that many of their policy interventions are gradually showing positive results. Which interventions, are they talking about that have shown positive results? Most interventions so far have been unmitigated disasters. Let the statistics speak for themselves. Let me give couple of examples of the great strides made by the WCD –

 

– More than 100,000 thousand innocent women have been arrested in the last four years.

– The number of cases under kidnapping and abduction of women and girls is 23,228 in 2004; 24,373 in 2005; 27,307 in 2006 – a steady increase under the watchful eye of Renuka Chaudhary and her successful policy interventions.

 

While the grinding poverty of lower class citizens of our country, who are left behind in the economic boom, is forcing them to sell their daughters into prostitution, the urban profiteers of the Domestic Violence Industry like Indira Jaising are manufacturing fictitious accounts of Domestic Violence against women to make handsome profits at the expense of social tranquility. How much money was spent since the passage of PWDVA for spreading awareness, for sensitization programs of police and judiciary and for the appointment of the so called protection officers? How much money was doled out to the so called service providers? How many lawyers are having a field day exploiting the legal loopholes in the intentionally poorly drafted law?

 

The letter further states – There is urgent need to broaden these interventions to include young boys and men to promote ideas of gender equality and justice.

 

Oh! No!! There is no need for the Government to fret and sweat about that. Not really!

The NGOs under the umbrella organization of Save Indian Family Foundation are already giving voice to the disenfranchised male and female victims of the state sponsored legal terrorism. The evil radical feminists thought that the victims of their gender-biased, state sponsored legal terrorism would somehow keep quiet, curse their own fates and get on with their lives. Instead, they have formed a strong and sustainable coalition that is growing stronger as the Government continues to plays deaf and blind to their plight.

 

In fact, if there is any, there is urgent need to stop this constant drumbeat of women’s victim hood, so the credulous population would stop believing that their girl child’s life would be a miserable existence with no hope. This will go a long way in reducing the scourge of female foeticide.

 

Renuka Chowdhary’s Landmark Hogwash to be held on June 25, 2008

June 21, 2008
^
Here is the news item – Men Wail on Renuka’s Shoulders, flashed across media outlets that Renuka Chowdhary, minister for WCD, has decided to invite 100 men’s and Family activists to hear their feedback on the “poorly drafted” PWDVA.
Here is a pic of the hon’ble Minister for WCD:
Here is the snippet from the news item –
New Delhi, June 20: Women and child development minister Renuka Chowdhary has called a first-of-its-kind-meeting with male activists demanding modifications to laws that they claim are flawed and biased against men.
Top ministry officials said they do not expect Chowdhary to yield to the demand from male groups for “gender-equal” laws, though some of their proposals may be considered. Instead, the minister could use the forum to try and explain to men “the need for laws favouring women”.
Here are public questions concerning the participants of this Landmark Hogwash, that we would like the Ministry to answer –
??
1.  Who are these 100 so called “men’s activists” that have been handpicked for invitation?
2. To what NGOs do they belong?
3. What is their track record in public activism to protect the rights of elders, children, men and families?
4. Are they in receipt of any monetary incentives from either the Govt funds or from the charity monies flowing to the women’s groups?
5. What are their proposals and feedback regarding the “clumsily drafted” PWDVA?
6. Did they consult any victims of “legal terrorism” in arriving at these proposals?
7. What happened to the multitude of representations made by several NGOs listed in the letter below?
8. What action has been taken on these representations?
9. Who else is invited to this meeting along with the above 100 stooges?
10. If the ministry officials do not expect Chowdhary to yield to the demands from male groups, then why is this charade?
??
Below is the letter sent by one of the senior family rights activist – Vinayak
Letter to the Minister (WCD) Mrs Renuka Chowdhary
21/06/08
To,
Honorable Mrs. Renuka Choudhury,
Minister, Government of India,
Ministry of Women and Child Development,
Shastri Bhavan `A’ Wing,Dr. Rajendra Prasad Road,
New Delhi-110001
Respected Madam,
Sub : Review of Domestic Violence Act, 2005 on 25th June 2008
============================================================
This is in connection to the review meeting and the article in The Telegraph
Men wail on Renuka’s shoulders
http://www.telegraphindia.com/1080621/jsp/nation/story_9442489.jsp
It is extremely surprising that though NONE of the below NGOs fighting for family harmony and male rights have been invited for the 25th June 2008 review meeting on Domestic Violence Act 2005, till date.
Organizations working towards stoppage of misuse of Dowry Laws and Legal Terrorism in India and promoting family and marital harmony.
1. Save Indian Family Foundation (SIFF), Bangalore: 0934285323538/ 09845143724
2. Save Family Foundation (SFF), Delhi: 9810611534 / 9911119113
3. Gender Human Rights Society, Delhi : 9899329991 / 9811052770
4. Manushi, Delhi : 011-23978851 / 9350041502
5. Men Cell, Delhi : 9810170681 / 9868142608
6. Mothers and Sisters Initiative (MASI), Delhi : 9818454928
7. Save Innocent Mother and Sister (SIMS), Bangalore:093420413 82
8. Protect Indian Family (PIF), Mumbai : 09869323538 / 09821414336
9. Men Rights Protection, Mumbai : 09892668560
10. Bharat Bachao Sangathan, Kolkata : 09830151555
11. Protect Men’s Right, Kerala : 09387052990 / 0484230478
12. Sahana, Hyderabad:098482803 54 / 09908578457
13. Asha Kiran, Bangalore: 080-65334135
14. Kutumb Rakshna Vedike, Bangalore : 09886934853
15. Protect Men’s Rights, Orissa : 0943708337
16. Pati Pariwar Kalyan Samiti, Lucknow : 09839097522
17. Rakshak, USA/Delhi : 9810452017
18. My Nation, Dubai/USA: 0096-53869295
19. Pirito Purush Pati Parishad Kolkata : 09433094337 / 09231529437
20. All India Forgotten Women, Hyderabad : 09704683163
21. Gujarat Gaurav Raksha Samiti (GGRS) : Vijay Wadhwani
22. The Akhil Bharatiya Patni Atyachaar Virodhi Sangh (ABPAVS), Gujarat
23. Association of Protection of Mens Rights, Chennai
24. Child Rights Initiative for Shared Parenting, Bangalore (CRISP)
25. Peoples United Relationship Enhancement, Mysore (PURE)
26. Save Indian Family Organisation Rajasthan, Jaipur
27. Purushak Sangrashan Sanstha, Nasik
Various NGOs from the above list have already submitted their memorandums separately in February 2008 on the comments on the review of Domestic Violence Act 2005, and till date NONE of the above NGOs have received the invitation to join the review committee on 25th June 2008.
It is even more surprising then who are these 100 male activists who have been invited in the meeting? An RTI is also being filed to know the credentials of these 100 Male activists, the NGOs to which they belong, the NGOs websites and their memorandums and what have these NGOs done for the male rights till date.
Awaiting an early response from your end as it is already 21st June, 2008 and it take some time for these above NGOs for preparation for the 25th June 2008 Domestic Violence Review Meeting.
Thanking you,
Yours sincerely,
Vinayak

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.

Requiem to Pushkar Singh

February 11, 2008

Oh Pushkar, tender son of the mother
Heir to the father and the forefather
Born on the banks of the holy river
A confluence of ancient wisdom and culture

Alas! You entered into a deathly union
An error in judgment
Not for the raging hormone
But the ancestral responsibility
With a devilish whore and her pimp –
The corrupt criminal injustice system!
 
To break your spirits
And to yield to their extortion
They locked you up for four long months
In the dark dungeons of despair
Depriving you of fair play and justice
While they broke your spirits
They could not destroy your soul
And it departed the earth intact
A life cut down in less than three tens of a year
Now shines from the heavens
In its infinite whiteness!

The naked, marauding pigs
Of radical feminism
Renuka Vyas, Girija Chaudhary
Ranjana Jaising, Indira Kumari
And all the sundry feminist coterie
Wearing nefarious designs
Up their sleeves
Rummaging through
The nook and corner
Of our holy land
Stand exposed in stark contrast
In the bright light of your sacrifice!

While your memory lives on
Imparting an inspiration
To the young of our country
It is certain from this day counting
The end of radical feminism is nigh
And numbered are the days
Of its fanatic proponents
However mighty and high!!

Boycott Renuka Chowdhry’s Round-Table

November 15, 2007

I recently came across this news item “Men’s meet to save women” in The Telegraph that Renuka Chowdhry, the prime practitioner of pussy politics in India,  is planning a round-table involving men’s groups to tackle the Domestic Violence against women. I should say “bemusement” was my reaction.

Questions that are raised in one’s mind, reading the news item are – Since when did she realize that men needed to be consulted? What was her reasoning in mentioning bloggers in connection with that consultation? Has the political mileage to be gained from the practice of crass pussy politics run its course? Is the backlash against over-playing of gender card gaining momentum, both on the ground and in cyber world? Is the emergence of organized men’s groups having a political impact affecting her chances of re-election?

Renuka Chowdhry, who is also well-known by the epithet –“Griha VinaSini” and who uttered these famous words – “it is men’s turn to suffer” – was at it again, even while acknowledging that men needed to be consulted in making laws that affect family relationships and tranquility.  Here was her leading question – “I want to know what provokes men to beat up their wives?”

Wah! Now any idiot of male gender who would attend her round-table should have already accepted her premise – men beat up their wives.  And then what consultation is she talking about?

Should any men’s groups attend that round-table? The answer, in my opinion, is a resounding “No”. For one thing – here should be the response from the most pre-eminent men’s group in India – the Save Indian Family Foundation – a collective yawn; or perhaps a collective middle finger.

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.