Criminal Procedure Amendment
Following are few
good resources to help you with your understanding of legal
procedure. Please buy a copy of
1. Indian Penal Code, by Justice K.D.Gaur
2. Hindu Law, Jhaabwala
3. Indian Evidence Act, Jhaabwaala guide.
4. Constitutional law, Jhaabwaala guide
5. Bare Texts of
a. Hindu Marriage Act.
b. Indian Divorce Act.
c. Protection of Women from Domestic Violence Act.
d. Criminal Procedure Code.
e. Civil Procedure Code.
You should get all of the above books under
Rs. 1500/- in law book house. These are beginner's text-books.
You should also get Law of marriage and divorce
4th edition 2002, Author Paras Diwan for details on divorce
procedures and intricacies involved.
In case if dowry cases are filed then buy
Paras Diwan Law Relating to
Dowry, Dowry Deaths, Bride Burning, Rape, etc. 1997
Rs 340/- which will give you minor details explained through
case-laws etc. and Please do not forget books are
strict guides for judges. Judges have substantial discretionary
A lot of decisions are made based on facial
expressions and perception of the undertrials and the decisions
are still within perfect legal boundaries.
Men's legal torture: A Study
[ 26/12/2005 ]
It is a common perception( through the media
hype about women’s torture and anti-patriarchal propaganda)
that only men are the torturer and women are victims, which
is also quite evident from the average physical strength of
the duo. The legal torture of men is not an issue of physical
strength or abusive behavior of one party, it is an issue
of a legal system, which is designed to do injustice and hand-over
powerful tools of torture in the hands of one-section of the
society. The system is indeed eradicating evils from society
but at the same time there is such a huge proportion of innocent
individuals who are ground in the system, which is crumbling
the not so bad patriarchy as it is portrayed through media.
Such a nazist legal system created by feminist groups is making
feminism synonymous to Nazism in India.
The feminazis in India is well recognized
by International media and other countries and is disgust
to the national pride. US Travel Department has already issued
warning to its citizens against marrying Indian women. The
warning is as follows
“A number of U.S.-citizen men who have come to India
to marry Indian nationals have been arrested and charged with
crimes related to dowry extraction. Many of the charges stem
from the U.S. citizen's inability to provide an immigrant
visa for his prospective spouse to travel immediately to the
United States. The courts sometimes order the U.S. citizen
to pay large sums of money to his spouse in exchange for the
dismissal of charges. The courts normally confiscate the American’s
passport, and he must remain in India until the case has been
The WHO report says that daughter-in-laws
routinely abuse elders using the stringent anti-dowry laws.
D) Legal and financial abuse
“Legal abuse was named as a particular type of abuse
in both India and Lebanon, although each country has its own
specific version of this. The Indian expression of legal abuse
is through abuse of the dowry laws by daughters-in-law:”
“In India, there is a law that is intended to protect
daughters-in-law from abusive in-laws. A daughter-in-law can
go to the police station and lay a complaint that she is being
abused by her in-laws, and the in-laws are arrested on her
word alone. However, the focus group participants reported
that some daughters-in-law are using this law as a form of
elder abuse, by making false police reports. In general, participants
stressed that the lack of a caring attitude by daughters-in-law
was a major problem. (India)”.
(Document no. WHO/NMH/VIP/02.1,
WHO/NMH/NPH/02.2 Title Missing Voices)
UK Home office reports that there are substantial number of
men who are subject to domestic violence at home.(http://www.homeoffice.gov.uk/rds/pdfs04/hors276.pdf)
“The results from this survey reveal that inter-personal
violence is widespread, affecting approximately one third
of the population at some time in their lives. One in twenty
women has experienced serious sexual assault, while one in
five women and one in ten men have been victims of domestic
violence. The levels of sexual assaults and other violence
reported here will make for disturbing reading. No society
can be complacent in the face of evidence of such widespread
experience of violence, assault and harassment.”
Moreover the Supreme Court has recognized
that the Dowry Act and Domestic Violence Act is a legal terrorism,
which many unscrupulous women use to threaten to mend the
husband and his family, using the draconian provisions. (Sushil
Kumar Sharma vs Union of India Writ petition no. 141 of 2005).
The torture to men comes from the draconian
provisions and presumptions of Indian law against the natural
principles of justice, in pursuit of quick questionable justice
to woman, with the predisposition against husband and his
family. The definitions of act constituting crime in matrimonial
matters are extremely vague and the procedures are attempts
to make justice before court’s verdict. For example,
S498a where a woman has only caused minor hurt to “a
man” is a bailable offence, but if man causes the same
hurt to a woman who happens to be “a wife”, it
is a non-bailable offence. Thus the legal position is that
a man causing the hurt to a wife is liable to be imprisoned
immediately, but a wife committing the same has to undergo
trial and is free in society. Thus man is punished before
the Court’s verdict. The definition of S498a makes mental
and physical cruelty punishable. But being in husband’s
family, the woman is anguished by myriad reasons. High amount
of tension among family members against the wife, many times
results in filing S498a, which immediately leads to arrest
of all the family members. Most of such family members are
well educated and have never experienced criminal prosecution.
The Indian Law also allows for dismissal of a person, who
is imprisoned for more than 24 hours. Such arrests invariably
lead to loss of job among family members of husband. The husband
is under excruciating pressure and embarrassment, because
of the first time imprisonment in life and seeing his close
relative jailed and lose jobs. It puts him in the lifetime
shameful position in front of his family members. All this
is done at the behest of a new bride. It is not at all necessary
that the actual crime has ever been committed for all this
to happen according to Indian Legal Procedures.
Surprisingly all the criminal provisions in
laws relating to women are non-bailable crimes. Crimes, which
are of extremely serious nature, are only supposed to be made
non-bailable and cognizable and non-compoundable. But every
draft of women’s laws makes each crime non-bailable,
so that man can be held under terror of being imprisoned.
e.g. a man against whom restraining orders are obtained by
wife for resisting her wife from working, is liable to be
imprisoned only on the complaint of woman. The domestic violence
law goes further one step, in allowing the conviction of the
man only on wife’s testimony. A man who is caught with
an unscrupulous wife, which is more often than not the case,
is doomed for life. He constantly lives under terror in house
as his liberty financial, social and physical is completely
at the behest of a woman.
There is another component of presumptions
in Indian law. The example is dowry death. A man whose wife
is dead under unnatural circumstances within first 7 years
of marriage is presumed to have murdered her, if there is
cruelty mentioned by the wife soon before the death. The law
allows for unimaginable injustice. A man who might has lived
happily and only because of some tiff the woman complains
about her husband and then someday she is found dead. It is
not uncommon to find such situation. There are always suicides
and there will be more suicides. But how can a man be presumed
to be a murderer and forced into murder trial. Even if the
man is acquitted after being found innocent the scars of being
forced into murder trial are heinous enough to not let him
live in the society again and the precious years during his
young life are already lost, which no feminist scraps can
Most of the 498a cases result in payment of
high amount of alimony to woman and withdrawal of the cases.
Because the woman is not interested in jailing her husband
as there is hardly anything that can be achieved from it and
husband is already enough frustrated by the imprisonment,
dealing with police and long-drawn trial, in which his parents
and younger siblings are also implicated. The husband wants
to get out of the trouble by hook or crook. The example of
the trauma can be witnessed in Crime against women cell, where
men are regularly threatened and made to mend their ways.
A day’s anonymous visit in such cell will easily show
many men, elders and younger ones being abused by legal machinery
at the behest of women.
Maintenance is another such form of injustice.
Maintenance is payable to woman, without prejudice to who
is at fault in the matrimonial tiff. Indian law has created
provision for livelihood of women at the expense of other
person. The alimony is also supposed to be paid according
to the status of the man. A woman is supposed to be part of
the work force, and need not be pampered like a child for
whole life. Instead the law has created provision for free
lavish life for women, encouraging the women to live at the
expense of man. The law means that the richer the man you
marry the better will be the alimony. Instead the alimony
should be granted considering the amount required for woman
to stand on her own feet again, lead a secure life and cover
any damages to her earning capacity also considering the behavior
of the woman and the devotion of the woman to the family life
and the same relief must be also available to man. There is
absolutely no need for making a man part with his hard earned
property. The form of alimony law allowed for women should
only be allowed for children. Marriage is not license to be
parasite on man for woman.
The stringency of laws is so severe that it
absolutely blocks any access to wife by husband, as he fears
cases fabricated against him, which will immediately lead
to his and his family’s arrest. The presumptions are
also such that once the wife has left home, the husband fears
that untimely death of the wife will land him in a murder
trial and moreover union with the wife, will result in more
legal torture. In such a legal system created by Indian government,
divorce is usually the best solution for him, despite the
short-term jail and severe financial loss as it is at least
a short time torture, instead of continuous life-long one.
The opportunities to grab property are increasingly
luring women, to seek divorce, which is made even easier,
by the extra-ordinarily stringent laws. Mischievous parents
fall for the huge benefit with little disgrace now associated
with divorce. A man under divorce proceeding is thrown out
of his own house, made to part with his past earnings, made
incapable of retaining any money he earns in future, has to
see his parents and siblings fall in jail, driven away from
his children and moreover ridiculed and berated by society
and feminazis say “HE” is the torturer!
What surprises me is that the Indian Constitution
does not allow for criminal prosecution of one gender against
another. The article 15(3) of constitution reads as
15(3) Nothing in this article shall prevent the state from
making any special provision for women and children.
Must be read with article (44)
(44) The State shall endeavor to secure for the citizens a
uniform “civil” code throughout the territory
Article 44 maintains that discrimination is allowed in the
drafted laws by the parliament, in “civil laws”,
to give social, economical and political advantage on the
criterion mentioned in sub-articles of article 15.
All crimes including rape, sexual assault,
cruelty and domestic violence can be committed by women. The
criminal tendencies of feminine gender will be quite clear,
by looking at the no. of cases registered against females
which is staggering 151675 in year 2003(Courtesy NCRB Table
12.4). There is no wonder that so many men are crying
about legal torture in India.
In UK and USA, a man is treated equal in front
of law. A man can be a victim of sexual assault or rape. He
may also obtain restraining orders against his wife for domestic
violence. Although the laws relating to maintenance are equally
discriminating though and men have always been afraid of that.
A strange phenomenon among British and American citizenry
is worth learning a lesson from. The marriage rate is sharply
declining among UK’s youngsters. (
) The reason is legal complications of marriage are unbearable
for most of the men. With more and more intrusion of stringent
laws into today’s happy homes, in favor of women against
men, government is surely leading India into doom’s
valley. This is a blunder politician’s are committing
by not learning from the history of other nations.
I have always known feminists as home-breakers
and my grand parents have always hated these concepts and
strongly contemned them. Yet my father and grandfather took
good care of my mother, myself and my sister and all the boys
and girls in my family are well educated. I don’t see
any fault in the patriarchal system, unless you must find
one using Domestic Violence Act! But we are a content and
happy family. Please do not enter into our home. We don’t
want government with feminist scraps in our house. Give us
more rational laws, which will bring only the perpetrators
to justice and will strengthen the existing family system
and will respect the honor and dignity of men. DO NOT implicate
innocent men in criminal laws in the name of social reforms.