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Prologue
Hubris
Hubris—in Classical Greek tragedy, insolent defiance caused by excessive
pride toward the Gods.
Subprime Dialects
“What does a poor American defaulting in Looneyville, West Virginia,
have to do with me?” Behind his high-tech, titanium composite glasses with
an unlikely red-and-white polka dot design, Doktor Flick’s anxious tone
betrays uncharacteristic insecurity. Looneyville, I learned, was a real town.
In 2007, U.S. citizens were falling behind in payments on their mortgages in
record numbers in Gravity Iowa; Mars, Pennsylvania; Paris, Texas; Venus
Texas; Earth, Texas; and Saturn, Texas.
Since 2000, housing prices in the United States had increased dramatically,
driven by a combination of low interest rates, a strong and growing
economy, and an innate desire for home ownership. U.S. President George
Walker Bush, a former investment banker, set out his administration’s
agenda for “an ownership society in America” clearly on December 16,
2003: “We want more people owning their own home. It is in our national
interest that more people own their own home. After all, if you own your
own home, you have a vital stake in the future of our country.”1
Unknown to most, the housing boom was driven primarily by strong
growth in the availability of money. Banks and mortgage brokers fell over
themselves to lend to new homebuyers. Innovative mortgage products
enabled people traditionally denied loans to borrow. George Bush was full of
praise for the bankers and their new affordability products.

“Life Isnt About Finding Yourself…
Life is about Creating Yourself…”

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Thanks n regards

Misogynit

Domestic violence redefined: 5 percent of Saudi women beat up their husbands

About five percent of the married Saudi women regularly beat their husbands, according to a study conducted by Dr. Abdul Aziz Al-Muqbil, a staff member of Al-Qassim University who is also a social and a family consultant.
He told local daily Al-Madinah on Friday that 45 percent of the Saudi children were subjected to various kinds of physical abuse and that 21 percent of them were being regularly beaten.
The academician noted that incidence of family violence was steadily rising and said verbal abuse might be the spark that ignites family violence. “Many people confuse between firmness and violence on numerous occasions. This may result in family breakdown and will not ensure children a proper upbringing,” he cautioned.
Al-Muqbil also said negligence was another face of family violence. He cited a case of a girl who had been staying in a protection home for more than 10 years without anyone asking about her. “This is a clear example of family abuse,” he said.
The academician refuted claims that family violence was hereditary and said it was a kind of temporary punishment. “A female accepting to marry randomly without knowing the man just out of fear of spinsterhood is also a case of family abuse,” he said.
Al-Muqbil believes that the prevailing culture in society is encouraging family violence. “Some wives bear physical abuse by their husband for fear of divorce which is more painful to them than physical abuse and beating,” he said.
He cited lack of proper family planning, unwillingness to settle petty differences, disputes over methods of upbringing and boredom in the house as factors that would ultimately lead to family violence.
“Differences over birth control are also among the causes that may breed family abuse,” he said.
In an earlier report carried by Arab News, the Jeddah police had reported that on average, 145 wives beat their husbands in a month, constituting 20 percent of the annual rates of such incidents.
Wives only go for physical violence when they reach a state of explosion and can no longer control themselves, said Fathiyyah Al-Qurashi, member of the Saudi Human Rights Commission, while responding to the growing number of incidence of husband beating.

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RAM GIRL:
she forgets about you, the moment you turn her off

WINDOWS GIRL:
Everyone knows that she can’t do a thing right,

but no one can live without her.

SCREENSAVER GIRL:
She is good for nothing but at least she is fun

INTERNET GIRL:
Difficult to understand and access

SERVER GIRL:
Always busy when you need her.

MULTIMEDIA GIRL:
She makes horrible things look beautiful

CD-ROM GIRL:
She is always fast and faster.

E-MAIL GIRL
Brings a smile to your face

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When you are not expecting her, she comes, installs herself and uses all your resources.

If you try to uninstall her you may lose everything...

From, Date :-

To ,
Shri K.P. Singh, Director of Rajya Sabha Secreteriat, 201 Second floor , Parliament House Annexxe, New Delhi – 110001

Honnorable Smt Jayanthi Natarajan and members of the parliamentary committee,

I _______________________________ strongly oppose the proposed MARRIAGE LAWS (AMENDMENT) BILL in its current form . This Bill completely excludes the possibility that a woman can also be a cause of any sort of marital discord and financial hardship can also be faced by the husband. It just takes into consideration that irrespective of the fact on who is petitioning for the divorce, it the husband who is assumed to be one guilty of breaking the marriage and must be forced the satisfy the financial hardship condition of the wife.

Section 13D is unconstitutional and must be amended

Section 13D of the amendment has been copied from law commission’s recommendation in 1978, but it does not hold good in 2010 and must be suitability amended. Section 13D in the current form of the bill states the below

13D. (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the marriage.

Adverse Repercussions of section 13D

This section would lead to widespread misuse of this Bill, as then the husband will be forced to ‘buy’ a divorce, while the wife can choose to walk out, at her whims and fancies. Moreover this section also completely excludes the possibility that the husband can also face financial hardship at the times of a divorce.

There are many families in India today where husbands have assumed responsibilities of the household and wives are the primary bread earners. This bill will discriminate against these husbands should their wives petition for divorce. Also in many households husbands become unemployed, ill, handicapped or infirm and should a wife choose to abandon and divorce a husband under these circumstances the husband would have no legal recourse to seek adequate compensation from the wife on the grounds of financial hardship.

The current concept of gender neutrality like that of Section 24 of the Hindu Marriage Act which takes into consideration that both, the husband and the wife can face financial hardship has been totally ignored in this Bill, specially in this section.

Section 13D must be amended to make it gender neutral

“13D. (1) The respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage.”

The word Financial Hardship must be specifically defined

The word financial hardship must be defined because this will become a tool for extortion. It must be clearly specified as to what liabilities the petitioner of a divorce petition must fulfill to satisfy the “financial hardship” condition of the respondent before a divorce can be granted.

Child custody and visitation rights should also be decided while granting divorce

Child custody and visitation rights should also be decided before granting divorce, while deciding maintenance of the child under this Bill.

Condition of finishing all pending litigation before divorce is granted

The proposed law has been copied from the 71th report of the law commission published 1978. However laws like 498a and DV Act came into existence in 1983 and 2006, hence quashing of such cases against husband and his family were not in consideration at that time and the law commission never even considered the wide spread abuse of sections like 498a and DV as they happen today.

Unlike the west in India a divorce case is normally accompanied by many cases namely, maintenance child custody, 498a, adultery, domestic violence, IPC Sec 506 and many more. Most of the times multiple maintenance cases , 498a and DV are all filed together to harass the husbands and his family members and to extort money through nefarious means. In cases where the wife is petitioner for divorce and where she may also be guilty of adultery, or crime against the husband and his family or misuses the other gender biased legislations like 498a and DV, she can easily choose to just walk away from the divorce without having to satisfy any conditions whatsoever. In other words the husband will have absolutely no defence and will be stuck with court cases running for years on end while the wife can happily get the divorce as she likes.

In the case of Swati Verma vs. Rajan Verma reported in (2004) 1 SCC 123 the honourable Supreme Court of India was cognizant of the same concern when it averred. “ Having perused the records placed before us we are satisfied that the marriage between the parties has broken down irretrievably and with a view to restore good relationship and to put a quietus to all litigations between the parties and not to leave any room for future litigation, so that they may live peacefully hereafter…”

In the case of Naveen Kohli vs. Neelu Kohli (AIR 2006 SC 1675), the Hon’ble Supreme Court recommended to the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for divorce. The essence of the above case was large number of criminal cases were pending against each other. So in essence if either party initiates criminal cases against each other then it should be considered an ground for divorce.

If the current law comes into being in the present format, this will lead to the wife walking out with the divorce while the husband will still be stuck in a legal tangle of cases for many decades.

Amendment to finish all litigation before granting divorce

I demand that an amendment will be inserted that decree of divorce be granted only when all litigation including but not limited to child custody between the husband and the wife has been resolved to the satisfaction of either of the parties, with the post condition that no party will initiate any other litigation against each other once the divorce decree has been granted. This will not only allow either allow the parties to separate and start their lives peacefully , but will also allow the reduction of the tremendous judicial burden of false and frivolous litigation that is pending in the Indian courts .

Thanks,

Your’s truly

“Life Isnt About Finding Yourself…
Life is about Creating Yourself…”

https://misogynit.wordpress.com/

Thanks n regards

Misogynit

The Honourable Prime Minister of India

South Block, Raisina Hill,

New Delhi,

India-110 101.

Sub: Requesting the Law ministry to draft law to protect Indian Males from Sexual Harassment at Workplace.

Honorable Prime Minister,

Shocking Reality exposed! Indian Men are MORE vulnerable to Sexual Harassment as compared to Women!

The Prestigious Indian news paper “The Economic Times” along with another very credible global market research company, Synovate conducted an extensive survey to expose the truth from the dubious assumptions and false facts, which the Indian citizenry were so far subjected to by the women’s ministry and some women’s organizations. Below are the shocking facts from the survey.

As part of this very credible and extensive research 527 people queried in the survey across seven cities in the country -Bangalore, Chennai, Delhi, Hyderabad, Kolkata, Mumbai and Pune. Below are excerpts from the report to expose how often Males are sexually harassed.

a) Bangalore: – Half of who agreed that they have been sexually harassed at their workplace said they have been harassed by their female colleagues. Only 32% said that they were harassed by Male colleagues.

b) Hyderabad: – 29% of said they have been sexually harassed by their female bosses while 48% accused their male bosses.

c) Delhi: – Numbers are even, with 43% pointing a finger at their female colleagues and an equal number accusing their male colleagues of sexual harassment.

d) 38% of the respondents agreed that in today’s workplaces, even men are as vulnerable to sexual harassment as women. In Hyderabad and Mumbai, 55% of the respondents agreed to this point.

e) Many of the corporate and PSUs, ET spoke to, agree to this new trend and point out that many male employees do not come out in the open and file complaints because they feel they will not be believed, considering India’s social beliefs. They usually seek a transfer to get out of the situation or find a new job.

From the above facts of the report it can be concluded that Sexual Harassment of Males at Workplace in India is more than that of women since in most cases males do not even file complaints for the fear of Social ridicule. Given the current reality will the Honorable aforementioned be pleased to answer how the WCD ministry was allowed to make such an deliberate mistake of ignoring male sexual harassment , while drafting the Bill of “Sexual Harassment at Workplace”?

India is not the only country where males face harassment at workplace .The US Equal Employment Opportunity Commission’s (EEOC) data , shows that the percentage of complaints from Men increased from 11.6% in FY 1997 to 16% in FY 2009 showing that men are increasingly being victimized. The total number of sexual harassment cases in 2009 has now increased to 12,700 per year. The percentage of men sexually harassed and their numbers (12700) is simply far too high to be ignored. The United States Equal Employment opportunity commission (EEOC) has stated that “sexual harassment filings by men has consistently increased doubling over 15 years“.

A 2006 government study in the United Kingdom revealed that 2 out of 5 sexual harassment victims in the UK are male, with 8% percent of all sexual harassment complaints to the Equal Opportunities Commission (Britain’s EEOC), coming from men. The UK’s “Equal Opportunities Commission’s Code of Practice on Sex Discrimination” clearly spells out that protection from sexual harassment protection is available for both men and women. The Sexual Harassment at workplace policies prevalent in most of the nations today take cognizance of the facts mentioned above and are gender neutral. According to a report on Sexual harassment at workplace by United Nations Economic Commission of Europe – Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, The Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom have policies for Sexual Harassment that are gender neutral. Even our neighboring Pakistan has gender neutral laws.

Government’s opinion is hijacked by radical feminists

The Indian government’s opinion has lately been hijacked by a few Govt and non government feminists women’s organizations. The government acts and behaves and supports the views of these few women’s groups as if it is unaware of ground realities in India and how gender laws and drafted with total disregard to principles of natural justice , the Universal Declaration of Human Rights, credible research data, Global Facts and figures, public opinion or even common sense.

Unlike the west where the public trusts its government to take care of either gender, India has a starkly different scenario. The drafting committees of these laws just serve to expose their ignorance and understanding of the issue at hand and Anti-Male stance by drafting laws of this nature. Gender laws in India are not created to attack the problem; they are created to attack males instead. It can be concluded beyond reasonable doubt that gender laws are created to appease a minority radical feminist lobby. The sad thing is that even the most powerful of the government ministries like some sections of the Law Ministry and the Home Ministry and many powerful Government departments instead to taking stand against these feminist lobbies, appease them instead or at least agree to whatever they say without questioning the facts or logic used while drafting these laws. The best example of this type of contrived and downright dubious “Anti Men” gender lawmaking is the Proposed Sexual Harassment at Workplace Bill.

Does the Vishaka Judgement Hold good even today ?

The laws of India are twice as old as India itself and the legislature for reasons known best to it seems to find it enormous difficult to amend and change laws like adultery which were created more than a century ago. On the same lines the Honorable Supreme court had passed the Vishakha Judgement that was best suited for the prevailing conditions in 90’s. The Indian social structure have undergone tremendous upheaval, since thereafter, and now it is the men who are found to constantly at the receiving end of the harassment at the workplace, as the Economic times rightly points out.

Even after the Vishakha Judgment was delivered no attempt was made to gather true and unbiased data on the lines of the economic times survey from either the World or India to understand, if the problem of Sexual harassment is a Gender Neutral problem or is a women’s only problem. As a consequence the drafting committee of the proposed Sexual harassment law most ignorantly assumed that Sexual Harassment like a rape is a crime of passion and can be committed by men on women.

The present Sexual Harassment at Workplace Bill also misses another very important fact that Sexual Harassment unlike Rape is not a crime of passion, but is a crime of power and whosoever is a position of power can commit this crime irrespective of gender. Thus the present format of the Bill, essentially views Sexual harassment as a crime of passion like Sexual Assault and has totally ignored any protection for males.

80% of the country is corrupt and handing corrupt people the means to extort will result in anarchy.

The outgoing CVC chief openly stated that about 30% of Indians are utterly corrupt and about 50% are on the borderline and can be corrupted if presented with a situation. Given that over 80% of the country is corrupt, what is the justification behind creating laws which can be easily used as weapon for extortion. From the above data it can be concluded with reasonable accuracy that given that half the country is composed of women , over 40% of the Indian women are also corrupt.

The facts of the CVC can be verified and the measured on the scale of misuse of laws by women and their family members to extort money whenever presented with a lucrative situation where money can be made.

Almost every day there are articles in the press on how Indian women do not think twice before filing false sexual harassment charges for ulterior motives. No matter what the issue of disgruntlement is Sexual harassment is used as a weapon of choice by Indians to malign others . There have also been cases Husbands have instigated wives to use this false allegations of harassment to get even with Male colleagues of the Husband. When dealing with such an irresponsible population the government must be extremely cognizant of what sort of wording is used in the law so that it does not serve to aid a person’s ulterior motive.

Some high profile media covered instances of Misuse of the Sexual harassment allegations are listed below.

Some Sexual harassment Blacklist examples

1. Airhostess Komal Singh Case :- Both Air India and Apex feminist body of India NCW ruled that airhostess Komal Singh was not molested, but even then she preferred to use sexual harassment charges against the pilots . Further investigation unearthed serious indiscipline and misconduct by the airhostess in a flight full of people to cover which these allegations were leveled. Komal singh never received any punishment for misusing the law or will the pilots be compensated for loss of reputation?

2. General Nanda case :- A court of inquiry (COI) into the allegations against Army’s engineer-in- chief Lt-Gen A K Nanda has exonerated him, while recommending disciplinary action against Colonel C P S Pasricha, who accused the general of sexually harassing his wife. However will Colonel Pasricha’s wife ever receiving punishment for maligning the reputation of a General? Probably not.

3. Female Wrestler Sonika Kaliraman case :- Indian female grappler Sonika Kaliraman’s recent allegations of sexual harassment by the selection committee and coaching staff of WFI was dismissed by her own teammates, who described the charges as “baseless and “malicious”. In a letter, signed by as many as 30 female wrestlers members, including famous ones like Uma Devi, Alka Tomar, Babita Singh among others, supported the selection trial and termed the complainant Sonika as undisciplined, irresponsible and frustrated.

The blacklist of misuse if continued in itself consume the entire volume of the letter and is a open example than given an opportunity there will be people more then eager to misuse loosely drafted laws to achieve ulterior gains.

Flaws with the present proposed draft of “Sexual Harassment at Workplace Bill”

1. Constitutional Violation

A subsection of an article in a constitution (Article 15(3)) cannot be used to overrule the main article in the constitution (Article 15). Article 15(3) of the constitution merely provides for special provisions for women and children, it does not permit the framing of special laws which will violate the essence of the Main Article 15. Had that been the case, the constitution of India will become self contradictory. Article 15(3) of the constitution although does allow the government to make special provisions for women, but the same article cannot be used to overlook the fact that women too can be perpetrators of the crime and absolve women from getting prosecuted for committing the same offence.

2. Clear Violation of Vishakha Guidelines

The SHWB is based on the guidelines laid down in the landmark Vishakha judgment by the Honorable Supreme Court. The guidelines mentioned in the judgement nowhere mentions that a prequalification to be a member of the Sexual harassment Committee is that the person “shall be committed to the cause of women”. However, by involving NGOs “committed to the cause of women”, the government of India has blatantly violated the honourable Supreme Court guidelines. Such deliberate language will only intensify the existing bias against males which is inherent in the 15 odd anti male laws currently existing.

3. Economically disastrous recommendation

By making it mandatory to pay remuneration to the committee members irrespective of instances of sexual harassment reported, creates unnecessary financial burden on companies. In times of global recession such financial burden will only lead to further economic losses to Indian companies. It will lead to an increase in poverty, crime and corruption.

4. Justice delivery mechanism will become a fish market

NGOs and their appointees will have to be paid after getting appointed to the committee even if there are no instances or cases of Sexual Harassment at all. The involvement of the payment model will lead to NGOs selling justice for a price and NGOs competing with each other to get appointed into committees to get financial payouts.

5. Punishment for misuse is not “Mandatory”, but “Discretionary”

By making punishment for misuse discretionary, the bill opens the scope for negotiation between the parties to either avoid punishment or settle the matter. This provision will also lead to motivation for filing more and more false cases to settle personal scores – A trend very commonly observed in the use of section 498a and Domestic Violence Act of 2005.

6. News of False cases/Misuse will be legally suppressed

In a democratic nation, transparency is the key to success of governance. To ensure the same the government of India has benevolently gifted the RTI act to the citizens of India, but the same government is including provisions in this bill to prevent the use of RTI act to unearth false cases filed under the act. This is nothing but double standards on part of the government.

7. Bargaining “Punishment” with “settlement “ of cases

By legally providing a mechanism to bargain punishment with settlement the act in itself becomes a tool for “legal extortion”. This will also initiate a rat race among NGOs to have themselves represented in various companies in order to grab a pie of settlement. Such trends will undermine the real essence of the act and a parallel extortion industry will start spawning.

8. Unconstitutional and undemocratic process followed during the drafting of the bill

RTI responses have exposed that during the drafting of the Sexual Harassment at workplace bill, the WCD ministry had received numerous representations from concerned Indian citizens to make the SHWB law gender neutral but did not heed to any one of them. If public opinion of making the law gender neutral is to be finally totally trampled with, then why carry the farce of calling suggestions, in the name of democratic law making, from the citizenry and then discard it?

The WCD ministry chose to trample all the representations by the below outrageously sexist statements degrading the modesty of men as compared to women. The WCD ministry stated the below.

“The overwhelming nature of sexual harassment is sexual harassment of women on account of their female sex. Harassment of men cannot be put on the same footing character wise or incidence wise. Protection of men is also not the mandate of Ministry of WCD”.

1) “The overwhelming nature of sexual harassment is sexual harassment of women on account of their female sex”

This is a totally false and unscientific “assumption” that the WCD makes and has been disproved by the Economic times survey.The WCD Ministry or the Supreme Court does not have any data to back this argument because the government of India has not spent either a single rupee or conducted a single credible study on men’s issues in this area. On the contrary, credible research all over the world including India shows that men are increasingly falling victims to sexual harassment crimes every year. The US, the UK, the whole of European Union and even Pakistan has gender neutral sexual harassment laws. Drafting laws based on hallucinated assumptions can lead to disastrous social consequences and cannot be allowed.

2) “Harassment of men cannot be put on the same footing character wise or incidence wise”

The WCD ministry must be called upon to explain the meaning of this sentence and on what basis they

concluded that the harassment of men is on a lesser footing than women. Does the WCD consider men

any less of human beings than women? Is the stigma and suffering of a man any less than women if sexually harassed at workplace? The comments of WCD are openly violating Article 15 of the Constitution, which prohibits against any discrimination on grounds of sex and cannot be held with any credibility.

3) “Protection of men is also not the mandate of Ministry of WCD”

The WCD ministry is absolutely right in its above observation. Having said that, as they officially accept

they do not represent more than 50% of the population; they have no moral or social right whatsoever to draft a law affecting the whole population of India. It is as good as saying that the honorable Prime Minister will allow the drafting of some law concerning Hindus and Muslims by a ministry that openly claims that it does not have the mandate to protect the Muslims. Will it not lead to religious war? Then how come, such stances by the WCD cannot incite gender war?

Creation of a Government Fund to compensate victims of Sexual Harassment law

Since the government has chosen to remain blissfully ignorant on the plight of Indian males infact being repeatedly reminded and shown the ground realities by NGO’s , courts newspapers and TV , the government also own up to compensate the victims of the misuse of the laws it has drafted and supported. I recommend that the Government create a separate MISUSE FUND for each biased anti male gender law it has drafted and supported and use it to compensate the victims of the misuse. With this the government will deliver on twin targets of adequately compensating the victims of misuse and successfully continuing to appease a few radical Govt and non government women’s organizations thereby allowing the creation of gender biased laws. The Budget for the fund can be sought from the fund of the WCD or the NCW since they play the most active role in drafting such contrived and dubious gender laws.

Demands/Recommendations

a) A new Sexual harassment Bill be drafted ONLY FOR MEN since from the data it is clear that men are the ones who are the majority of victims.

b) Proper sections be incorporated in the law to counsel men and encourage them to report sexual harassment either from women or other men. In other words provisions must exist to help men overcome the social stigma comparing sexual harassment

c) Creation of a government funded “misuse fund” to compensate victims of false allegations of Sexual harassment when cases of misuse are detected.

d) Removal of the ministries like WCD and NCW which are filled with ideologues with Misandry from lawmaking and replacing them with gender neutral and sane ministries who will consider the principles of natural justice or the universal declaration of human rights, credible research data, global Facts and figures, public opinion and most importantly even common sense while drafting laws.

e) The mandatory inclusion of National Human Rights Commission (NHRC) as a watchdog group in every gender law making committee so that men are not deliberately discriminated against and Article 15 of the Constitution is not violated again and Article 15 (3) is not wrongly interpreted and that the people’s opinion are not brutally trampled as has been done in the Sexual Harassment at Workplace Bill.

f) The mandatory inclusion of corporate bodies like FICCI, CII, ASSOCHAM and a corporate committee comprising an equal number of male and female members from the industry so that interests of both genders are kept in mind while drafting laws to truly achieve a equal opportunity workplace.

g) Involving external NGO based on legal knowledge and their background of delivering justice on merits and not merely being women’s rights champions.

h) Allowing the reporting of all cases true or false in the media so that the magnitude of use or misuse can be measured in the present proposed draft of “Sexual Harassment at Workplace Bill”

i) Provision of any sort of settlement must be removed the present proposed draft of “Sexual Harassment at Workplace Bill”. The accused must be either punished or the complaint must be deemed as false and action taken by default against the complainant.

Thanking you

Yours truly,

“Life Isnt About Finding Yourself…
Life is about Creating Yourself…”

https://misogynit.wordpress.com/

Thanks n regards

Misogynit

SC: Direction to Indian Government to Curb 498a Misuse

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1512 OF 2010

(Arising out of SLP (Crl.) No.4684 of 2009)

Preeti Gupta & Another …Appellants

Versus

State of Jharkhand & Another ….Respondents

J U D G M E N T

Dalveer Bhandari, J.

1. Leave granted.

2. This appeal has been filed by Preeti Gupta the married sister-in-law and a permanent resident of Navasari, Surat, Gujarat with her

husband and Gaurav Poddar, a permanent resident of Goregaon, Maharashtra, who is the unmarried brother-in-law of the complainant,

Manisha Poddar, against the impugned judgment of the High Court of Jharkhand at Ranchi, Jharkhand dated 27.4.2009 passed in

Criminal Miscellaneous Petition Nos.304 of 2009.

3. Brief facts which are necessary to dispose of this appeal are recapitulated as under:

The Complainant Manisha was married to Kamal Poddar at Kanpur on 10.12.2006. Immediately after the marriage, the complainant

who is respondent no.2 in this appeal left for Mumbai along with her husband Kamal Poddar who was working with the Tata

Consultancy Services (for short “TCS”) and was permanently residing at Mumbai. The complainant also joined the TCS at Mumbai on

23.12.2006. Respondent no.2 visited Ranchi to participate in “Gangaur” festival (an important Hindu festival widely celebrated in

Northern India) on 16.3.2007. After staying there for a week, she returned to Mumbai on 24.03.2007.

4. Respondent no.2, Manisha Poddar filed a complaint on 08.07.2007 before the Chief Judicial Magistrate, Ranchi under sections 498-A,

406, 341, 323 and 120-B of the Indian Penal Code read with sections 3 and 4 of the Dowry Prohibition Act against all immediate

relations of her husband, namely, Pyarelal Poddar (father-in-law), Kamal Poddar (husband), Sushila Devi (mother-in-law), Gaurav

Poddar (unmarried brother-in-law) and Preeti Gupta @ Preeti Agrawal (married sister-in-law). The complaint was transferred to the

court of the Judicial Magistrate, Ranchi. Statements of Respondent no.2 and other witnesses were recorded and on 10.10.2008 the

Judicial Magistrate took cognizance and passed the summoning order of the appellants. The appellants are aggrieved by the said

summoning order.

5. In the criminal complaint, it was alleged that a luxury car was demanded by all the accused named in the complaint. It was also

alleged that respondent no.2 was physically assaulted at Mumbai. According to the said allegations of the complainant, it appears that

the alleged incidents had taken place either at Kanpur or Mumbai. According to the averments of the complaint, except for the demand

of the luxury car no incident of harassment took place at Ranchi.

6. According to the appellants, there was no specific allegation against both the appellants in the complaint. Appellant no.1 had been

permanently residing with her husband at Navasari, Surat (Gujarat) for the last more than seven years. She had never visited Mumbai

during the year 2007 and never stayed with respondent no.2 or her husband. Similarly, appellant no.2, unmarried brother-in-law of the

complainant has also been permanently residing at Goregaon, Maharashtra.

7. It was asserted that there is no specific allegation in the entire complaint against both the appellants. The statements of prosecution

witnesses PW1 to PW4 were also recorded along with the statement of the complainant. None of the prosecution witnesses had stated

anything against the appellants. These appellants had very clearly stated in this appeal that they had never visited Ranchi. The

appellants also stated that they had never interfered with the internal affairs of the complainant and her husband. According to them,

there was no question of any interference because the appellants had been living in different cities for a number of years.

8. It was clearly alleged by the appellants that they had been falsely implicated in this case. It was further stated that the complaint

against the appellants was totally without any basis or foundation. The appellants also asserted that even if all the allegations

incorporated in the complaint were taken to be true, even then no offence could be made out against them.

9. The appellants had submitted that the High Court ought to have quashed this complaint as far as both the appellants are concerned

because there were no specific allegations against the appellants and they ought not have been summoned. In the impugned

judgment, while declining to exercise its inherent powers, the High Court observed as under:

“In this context, I may again reiterate that the acts relating to demand or subjecting to cruelty, as per the complaint petition, have

been committed at the place where the complainant was living with her husband. However, the complainant in her statement made

under solemn affirmation has stated that when she came to Ranchi on the occasion of Holi, all the accused persons came and passed

sarcastic remarks which in absence of actual wordings, according to the learned counsel appearing for the petitioner could never be

presumed to be an act constituting offence under section 498A of the Indian Penal Code.”

10. In this appeal, both the appellants specifically asserted that they had never visited Ranchi, therefore, the allegations that they

made any sarcastic remarks to the complainant had no basis or foundation as far as the appellants are concerned.

11. The complainant could not dispute that appellant no.1 was a permanent resident living with her husband at Navasari, Surat,

Gujarat for the last more than seven years and the appellant no.2 was permanent resident of Goregaon, Maharashtra. They had never

spent any time with respondent no.2.

12. According to the appellants, they are not the residents of Ranchi and if they are compelled to attend the Ranchi Court repeatedly

then that would lead to insurmountable harassment and inconvenience to the appellants as well as to the complainant.

13. The complaint in this case under section 498-A IPC has led to several other cases. It is mentioned that a divorce petition has been

filed by the husband of respondent no.2. Both respondent no.2 and her husband are highly qualified and are working with reputed

organization like Tata Consultancy Service. If because of temperamental incompatibility they cannot live with each other then it is

proper that they should jointly get a decree of divorce by mutual consent. Both respondent no.2 and her husband are in such age

group that if proper efforts are made, their resettlement may not be impossible.

14. The main question which falls for consideration in this case is whether the High Court was justified in not exercising its inherent

powers under section 482 of the Code of Criminal Procedure in the facts and circumstances of this case?

15. This court in a number of cases has laid down the scope and ambit of courts’ powers under section 482 Cr.P.C. Every High Court

has inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to

prevent abuse of the process of the court.

Inherent power under section 482 Cr.P.C. can be exercised:

(i) to give effect to an order under the Code;

(ii) to prevent abuse of the process of court, and

(iii) to otherwise secure the ends of justice.

16. Reference to the following cases would reveal that the courts have consistently taken the view that they must use this

extraordinary power to prevent injustice and secure the ends of justice. The English courts have also used inherent power to achieve

the same objective. It is generally agreed that the Crown Court has inherent power to protect its process from abuse. In Connelly v.

Director of Public Prosecutions [1964] AC 1254, Lord Devlin stated that where particular criminal proceedings constitute an abuse of

process, the court is empowered to refuse to allow the indictment to proceed to trial. Lord Salmon in Director of Public Prosecutions v.

Humphrys [1977] AC 1 stressed the importance of the inherent power when he observed that it is only if the prosecution amounts to

an abuse of the process of the court and is oppressive and vexatious that the judge has the power to intervene. He further mentioned

that the court’s power to prevent such abuse is of great constitutional importance and should be jealously preserved.

17. The powers possessed by the High Court under section 482 of the Code are very wide and the very plenitude of the power requires

great caution in its exercise. The court must be careful to see that its decision in exercise of this power is based on sound principles.

The inherent power should not be exercised to stifle a legitimate prosecution but court’s failing to use the power for advancement of

justice can also lead to grave injustice. The High Court should normally refrain from giving a prima facie decision in a case where all

the facts are incomplete and hazy; more so, when the evidence has not been collected and produced before the court and the issues

involved, whether factual or legal, are of such magnitude that they cannot be seen in their true perspective without sufficient material.

Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction

of quashing the proceedings at any stage.

18. This court had occasion to examine the legal position in a large number of cases. In R.P. Kapur v. State of Punjab AIR 1960 SC

866, this court summarized some categories of cases where inherent power can and should be exercised to quash the proceedings:

(i) where it manifestly appears that there is a legal bar against the institution or continuance of the proceedings;

(ii) where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not

constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly

fails to prove the charge.

19. This court in State of Karnataka v. L. Muniswamy & Others (1977) 2 SCC 699 observed that the wholesome power under section

482 Cr.P.C. entitles the High Court to quash a proceeding when it comes to the conclusion that allowing the proceeding to continue

would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The High

Courts have been invested with inherent powers, both in civil and criminal matters, to achieve a salutary public purpose. A court

proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. In this case, the court observed that

ends of justice are higher than the ends of mere law though justice must be administered according to laws made by the legislature.

This case has been followed in a large number of subsequent cases of this court and other courts.

20. In Madhu Limaye v. The State of Maharashtra (1977) 4 SCC 551, a three-Judge Bench of this court held as under:-

“…..In case the impugned order clearly brings out a situation which is an abuse of the

process of the court, or for the purpose of securing the ends of justice interference by the High Court is absolutely necessary, then

nothing contained in Section 397(2) can limit or affect the exercise of the inherent power by the High Court. Such cases would

necessarily be few and far between. One such case would be the desirability of the quashing of a criminal proceeding initiated illegally,

vexatiously or as being without jurisdiction. The present case would undoubtedly fall for exercise of the power of the High Court in

accordance with Section 482 of the 1973 Code, even assuming, that the invoking of the revisional power of the High Court is

impermissible.”

21. This court in Madhavrao Jiwajirao Scindia & Othersv. Sambhajirao Chandrojirao Angre & Others (1988) 1 SCC 692 observed in para

7 as under:

“7. The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the

court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into

consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to

permit a prosecution to continue. This is so on the basis that the court cannot be utilized for any oblique purpose and where in the

opinion of the court chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a

criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding

even though it may be at a preliminary stage.”

22. In State of Haryana & Others v. Bhajan Lal & Others1992 Supp. (1) SCC 335, this court in the backdrop of interpretation of various

relevant provisions of the Code of Criminal Procedure (for short, Cr.P.C.) under Chapter XIV and of the principles of law enunciated by

this court in a series of decisions relating to the exercise of the extraordinary power under Article 226 of the Constitution of India or the

inherent powers under section 482 Cr.P.C. gave the following categories of cases by way of illustration wherein such power could be

exercised either to prevent abuse of the process of the court or otherwise to secure the ends of justice. Thus, this court made it clear

that it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid

formulae and to give an exhaustive list to myriad kinds of cases wherein such power should be exercised:

“(1) Where the allegations made in the first information report or the complaint, even if

they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against

the accused.

(2) Where the allegations in the first information report and other materials, if any,

accompanying the FIR do not disclose a cognizable offence, justifying an investigation

by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the

Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence

collected in support of the same do not disclose the commission of any offence and

make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no

investigationis permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently

improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding

against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal

proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or

the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the

proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the

accused and with a view to spite him due to private and personal grudge.”

23. In G. Sagar Suri & Another v. State of UP & Others(2000) 2 SCC 636, this court observed that it is the duty and obligation of the

criminal court to exercise a great deal of caution in issuing the process particularly when matters are essentially of civil nature.

24. This court in Zandu Pharmaceutical Works Ltd. & Others v. Mohd. Sharaful Haque & Another (2005) 1 SCC 122 observed thus:-

“It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In

exercise of the powers, court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of

the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the

complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the

materials to assess what the complainant hasalleged and whether any offence is made out even if the allegations are accepted in toto.”

25. A three-Judge Bench (of which one of us, Bhandari, J. was the author of the judgment) of this Court in Inder Mohan Goswami and

Another v. State of Uttaranchal & Others(2007) 12 SCC 1 comprehensively examined the legal position. The court came to a definite

conclusion and the relevant observations of the court are reproduced in para 24 of the said judgment as under:-

“Inherent powers under section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with great caution and only

when such exercise is justified by the tests specifically laid down in this section itself. Authority of the court exists for the advancement

of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the Court would be justified in

preventing injustice by invoking inherent powers in absence of specific provisions in the Statute.”

26. We have very carefully considered the averments of the complaint and the statements of all the witnesses recorded at the time of

the filing of the complaint. There are no specific allegations against the appellants in the complaint and none of the witnesses have

alleged any role of both the appellants.

27. Admittedly, appellant no.1 is a permanent resident of Navasari, Surat, Gujarat and has been living with her husband for more than

seven years. Similarly, appellant no.2 is a permanent resident of Goregaon, Maharasthra. They have never visited the place where the

alleged incident had taken place. They had never lived with respondent no.2 and her husband. Their implication in the complaint is

meant to harass and humiliate the husband’s relatives. This seems to be the only basis to file this complaint against the appellants.

Permitting the complainant to pursue this complaint would be an abuse of the process of law.

28. It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in

our country including this court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of

a large number of people of the society.

29. The courts are receiving a large number of cases emanating from section 498-A of the Indian Penal Code which

reads as under:-

“498-A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being

the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a

term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, ‘cruelty’ means:-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to

life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful

demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”

30.

It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of

the moment over trivial issues without proper deliberations. We come across a large number of such complaints which

are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases

of dowry harassment are also a matter of serious concern.

31.

The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fiber of

family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be

reflected in the criminal complaints. Majority of the complaints are filed either on their advice or with their concurrence.

The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat

every complaint under section 498-A as a basic human problem and must make serious endeavour to help the parties in

arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to

ensure that social fiber, peace and tranquility of the society remains intact. The members of the Bar should also ensure

that one complaint should not lead to multiple cases.

32. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by

the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant,

accused and his close relations.

33. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a

herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not

uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be

extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with

matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited

or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint

are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to

rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed

by the complainant if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of

amicable settlement altogether. The process of suffering is extremely long and painful.

34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by

the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large

number of complaints. The tendency of over implication is also reflected in a very large number of cases.

35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be

able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only

flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It

is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the

existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic

realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a

copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it

before the Hon’ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.

36. When the facts and circumstances of the case are considered in the background of legal principles set out in preceding paragraphs,

then it would be unfair to compel the appellants to undergo the rigmarole of a criminal trial. In the interest of justice, we deem it

appropriate to quash the complaint against the appellants. As a result, the impugned judgment of the High Court is set aside.

Consequently, this appeal is allowed.

…….……………………..J.

(Dalveer Bhandari)

…….……………………..J.

(K.S. Radhakrishnan)

New Delhi;

August 13, 2010

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Observing that the anti-dowry law has been reduced to a ”paper tiger” due to the bride’s family giving away dowry in many cases, a court here said they also need to be prosecuted like the groom’s family to eliminate the social evil.

“Dowry is a two way traffic and unless there is a giver there can be no taker and it is for this reason that in order to eliminate this evil both the giver and taker have been made liable (under Section 3 of the Dowry Prohibition Act),” Additional Sessions Judge Kamini Lau said.
“It is not possible to leave one and book another,” the court said while resenting the prevalent practice of the bride’s family giving dowry.
“It is unfortunate that this legislation has been reduced to a mere paper tiger and what is more unfortunate is the fact that it is none else but the family of the woman (involved in the marriage) who is responsible for non-accomplishment of this legislation,” the court said.It further said the social welfare legislation meant to remove the evil of dowry should be implemented effectively.
“Dowry is shamelessly demanded, given and received under the pretext of social compulsions. It is time that this social welfare legislation (Dowry Prohibition Act) is ruthlessly implemented and none is permitted to take the shield of social compulsions. This has become all the more necessary in order to check the misuse and abuse of Special Laws,” ASJ Lau said.
The court also said the expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of authorities for levying taxes.It passed the observations while dismissing a plea of a woman seeking to quash criminal proceedings initiated against her family for giving dowry, which came following a complaint by her husband who faced dowry harassment charges.
In the case, Uma Devi, estranged wife of Sunil Garg, had challenged the order passed by a Metropolitan Magistrate in October last year directing registration of an FIR against her family members for giving dowry during her marriage in April 2008.The magistrate had ordered registration of the FIR on Garg’s complaint referring to her admission of giving gifts and money to his family

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