Archive for May, 2009

Maintenance is not a bounty

May 14, 2009

No Maintenance to Able Bodied Educated Women:
As per newspaper report (Times of India, 14.05.2009), the District Court in Delhi Refused maintenance to a wife who was found able bodied and educated. Justice Rajendra Shastri said,
“An able bodied person expected to maintain himself and family members depended on him. The same is equally applicable to his wife. In an advanced society like ours, a woman who is young, healthy and well versed cannot afford to sit idle, particularly when facing difficult circumstances, as the applicant in this case.”
The judgment is also took into consideration the applicant wife conduct like elopement of wife with his lover, abandonment of minor child and health of the husband. Nevertheless, the judgment is a step towards making maintenance laws, what it is.
Maintenance is not a bounty. It is not a birth right of a wife. It cannot be claimed as a matter of right. It is for a women, who cannot maintain herself & who has done the duties of a pious wife, to claim from her husband. Any women who has not done the duty of a pious wife, must not be entitled to claim maintenance from her husband. The other point is “ability to maintain herself”. A young healthy women, who is educated (even when not educated, can work as maid- many uneducated women are maintaining themselves that way) cannot be classified to be not able to maintain herself. The test is , whether a women of applicants ability is able to maintain themselves in the society or not- if yes, no maintenance- if no, there is a case for maintenance.
Maintenance laws needs to be applied strictly and in rare circumstances. It is usurpation of fruits of labour of a man in the guise of gender biased welfare laws. Such usurpation cannot be allowed to be made in a routine manner.


False Allegation of Rape

May 13, 2009

Rape Laws are the most vicious form of gender biased laws.
These are blatantly being misused by women. Abuse of these laws are destroying men, their self esteem, their family and society. I think there should be severe punishment for false accusation of crime, and it should be capital punishment for false accusation of rape.
Read this news story:
New Delhi, May 5 (IANS) Twelve years after being falsely accused of rape and later convicted, four men were Tuesday acquitted by Delhi High Court of the charges brought against them by a sex worker with the alleged connivance of some Delhi Police officials.
One of the men, Pankaj Chaudhari in his plea before the court claimed that he was “paying the price for opposing a flesh trade racket near his house in 1997″.
He was arrested, along with his brother Gunjesh, and two friends Jailal Yadav and Kashim Rain, on charges of raping a neighbour, who allegedly ran a prostitution ring.
They were jailed on July 28, 1997, and then convicted for gangrape in 2000, after police then manning the Hauz Khas police station – apparently at the instance of the s*x worker – decided to frame them for protesting against the racket which led to her business suffering.
Subsequently, an inquiry was ordered within the police department. The high court released the four men on bail in 2001.
“Due to allegations of rape, a stigma is attached to our names and we are facing great hardships in finding any job for our livelihood. We have been thrown out of jobs and are unable to live with dignity because we are called rapists,” they stated in their petition.
Justice S. Muralidhar acquitted the four, but reserved order on the plea of taking action against the then police officials involved in the case.
After they were convicted in 2000, their relatives alleged foul play, which led Amod Shastri, heading an NGO called Nyay Bharti, to probe the case.
Shastri’s efforts revealed that while the woman claimed she was raped at 9.30 p.m. by the four, another complaint in the same police station showed that she was arrested the same afternoon for indulging in flesh trade and let off at 10.30 p.m. on a bond of Rs.500. This indicated that she was actually at the police station at the time she claimed to have been raped at her home.

These laws have been enacted favourably for women, under the false presumption that women need special laws or special treatment in law. It is this abuse of law by a class of human beings, who act as victims, is pernicious and should be severely condemned. Protection laws must not be misused- for it will remove the very reason of protection laws in the legal system.
The problem of these gender biased laws is very basic which attacks the very root of civilized justice system. There is a concept called “corpus delicti” in criminal laws. It refers to proof of crime. Before starting a criminal trial, a court should ask for corpus delicti- an independent proof that crime has happened. A person should be put on trial only when there is independent proof of crime- independent proof in the sense that people not accusing the accused can say that crime has happened. Corpus delicti literally means, dead body. A person should not be put on trial for murder if there is no dead body (independent proof of crime).
In gender biased laws, there is no corpus delicti. In these gender biased laws, Corpus delicti is merely the view of the accuser women. Say, in an office, a male collegue approaches a women. If by chance women likes that collegue, it is proposal; if she does not like that person, it is sexual harassment at work place. Similarly, sexual intercourse between two adults may be making love or rape, based on the views of accusing women. Heated argument between husband and wife can be normal marital happening or cruelty towards women. It is very nature of these laws, which makes these prone to abuse. In these laws there is no corpus delicti, except statement of women. Hence abuse of these laws happens, not in the sense of accusing some innocent person falsely- it is accusing somebody, even when no crime has happened. That is why, these laws are sinister and should be opposed everywhere- in streets, in legislatures and in court rooms.
Why do women make false allegation of rape? Let us see a study- it throws some interesting facts- Quote-
The National Organization for Women , radical feminists, and Women’s Studies departments, often deny that women make false accusations about rape by asking the naïve, simplistic, and self-serving question: “Why would a woman lie?”
It turns out that there are plenty of reasons women lie about rape, either deliberately or out of desperation.
A U.S. Air Force study, “The False Rape Allegation in the Military Community (1983) investigated 556 cases of alleged rape, and found a 60% rate of false accusations. As part of the study, women who were found to have made false accusations were asked “WHY?”
Motivations given by the women who acknowledged they had made false accusations:
Reason – Percent
Spite or revenge – 20
To compensate for feelings of guilt or shame – 20
Thought she might be pregnant – 13
To conceal an affair – 12
To test husbands’ love – 9
Mental/emotional disorder – 9
To avoid personal responsibility – 4
Failure to pay, or extortion – 4
Thought she might have caught VD – 3
Other – 6

The study found that most false accusations are “instrumental” – they served a purpose. If the purpose isn’t avoiding guilt, or getting revenge, it might serve a more focused purpose, for example, telling her parents; “I didn’t just go out and get pregnant, I was raped.” Or, telling her husband, “I didn’t have an affair, it wasn’t my fault, I was raped.”
An unrelated Washington Post article, “Unfounded Rape Reports Baffle Investigators” (6/27/1992) also found a wide range of motivations to falsely accuse men of rape. Anger toward boyfriends was common. One woman had her boyfriend spend 13 months in jail before she acknowledged that she had lied. One woman accused her newspaper delivery man of raping her at gunpoint because she needed an excuse to be late to work.
Neither woman was prosecuted or even reprimanded for lying to the police and attempting to have a man frivolously imprisoned. In a recent US case, police say a young woman who admitted to falsifying two rape reports only wanted a day off from work.
All rape accusations need to be considered seriously, as, no doubt, rape does occur. But a balance needs to be maintained between the claims of the accuser against the all-too-often legitimate denial of the accused.
Women who are found to have made a false s*xual assault complaint should receive the same jail sentence as the male victim would have received if he had been convicted. That will put the brakes on fake rape charges.
Friends, we have to understand the reality. Society does not run on emotional rhetoric given by feminists. When we will see reported cases of rape in a newspaper, it is very easy to understand what is motivating the false allegation or whether it is real. Unfortunately Indian Media and people in general, do not have courage to say the reality. It is preferable to be called progressive by supporting feminist views, even when innocent lives are being destroyed with false allegations under gender biased law- or you will be branded regressive or male chauvinist pig or men threatened by women’s empowerment.

A Times of India Report says that 18% of rape allegations are false. Quote,

A little less than 20% of sexual-assault cases reported in and around Delhi are false, shows a five-year study. In almost every fifth incident, or, in 18.3 % cases to be precise, rape is used as a weapon to malign and attempt revenge, found a group of psychologists who assist Delhi Police in investigating sexual assault allegations.

The conclusion was drawn from 113 cases in the last five years. Anger towards the accused prompted allegations of rape in 25% of the false charges. An equal number of such cases were filed at the behest of family members. Every fifth false allegation was made by a minor `coached’ to cry `rape’ as an attempt to settle family scores. About 15% were situations of panic after clear consent, while the remaining 15% defied categorisation.

In September 2007, the Supreme Court had alerted lower courts to attempts at misusing the rape law, noting “the courts should bear in mind that false charges of rape are not uncommon.”

Rajat Mitra of Swanchetan, the NGO that conducted the study, says the false cases can be complicated at times. He talks of a 16-year-old girl from West Delhi’s Dabri area who accused her father and another man of rape. The girl claimed insanity post-assault, saying she would see faces of men all around her attacking her. The girl broke down on being asked by counsellors whether the images were in black and white or in colour. She confessed her brother had asked her to accuse their father. With her father in jail, believed the girl, her brother would get the property and she would get to marry the person of her choice. In the end, withdrew the case.

Another case was of a medically proven rape of a 13-year-old in Dwarka. The girl had accused three men but the police found their investigations did not show these men’s involvement. After a quiet talking-to by psychologists, the girl finally got the courage to speak the truth. She said the three men who had raped her were family members who had threatened her. To protect them, and out of fear, she had accused three others. In this case, the chargesheet was filed against the real culprits.
Unfortunately Indian Legal system is ignoring this grim aspect of reality.

Why Should Men Refuse to Marry

May 12, 2009

Marriage was treated as a sacred institution in India. The strength of Indian marriages was praised all over world. Many of the Indian expatriates, who are settled in foreign land for generations prefers to get married in India. However, due to recent shortsighted changes in marital laws in India has made marrying into India a dangerous affairs and it is adequate reason for Indian males to decide not to marry.
Marriage was always treated a social institution in the past. Now, the state with all its might is interfering in the institution of marriage. Unfortunately the state interference aims at women vote bank and not preserving the institution. Such vote bank legislations in India has made a marriage dangerous institution in India, to be shunned.
There are three reasons; firstly gender biased laws in India. Indian law is highly gender biased in favour of women and gives all civil rights to women in marriage. Secondly, it gives unfettered right to women in terms of maintenance and property and thirdly it gives power to abuse laws to women to force the man into submission of her extortionary and greedy attitude. In this whole spectrum of law, there is no right in the hand of men and in such situations he becomes a laughing matter in the society.
These are some of the reasons why should men refuse to marry:
1. Becuase man is being punished for marrying by Section 498A.
2. Because married man is treated like a criminal based on false allegation by unscrupluous women.
3. Beacuse law give no right to men in marriage.
4. Because men are treated as beast of burden in marriage- to maintain wife, even adultrous wife, deserting wife- without any obligation on part of wife.
5. Because the children will be in custody of wife but men will maintain them (beast of burden)
6. Because law is there to sent you to jail if you say anything to your wife. Your parents will be present their with you.
7. Because you will be ruined financially if you file for divorce to get out of bad relationship.
8. Because you will be ruined financially if your wife files for divorce to marry her lover. 9. Because chances that you will be sent to jail for marrying is increasing day by day, with newer acts coming day after day.
10.Because you can loose your livelihood, home and reputation just by a call from your wife.
Marriage has become a slavery for Men- a slavery of wife- A legal slavery. Marriage is a dangerous institution for men. It is not generalisations- it is a reality. A sad reality which one understand only when he or his relative faces the music of marriage.
Laws are there to examine suicide by woman- Section 304B of IPC, Section 113A of Indian Evidence Act. Further, the laws will punish you, without any fault from your part, because of presumption cause. However, if men suicide due to torture of women, there is no redressal. Rate of suicide in men is more than twice in men than women. Many of the married man commit suicide due to harassment by their wives- through comments like 1.You dont earn much.
2.You cant keep your parents with you.
3.I will meet my friend (euphemistic name of lover).
4.Force your parents to transfer this matrimonial home in my name.
5.Man’s mother should work like a servant in the house. etc.etc.
And there is no law to check such abatement of suicide by men. If the husband speaks, he is sent to jail on the false charge of dowry. He looses is livelihood, reputation. His vioce is not heard or heeded in court. Police get a case to extort money. Sadist woman constable get a victim to torture. If man has not suicided early on wife abatement, he will suicide now, after his tryst with law.
Men are weak. Men cannot fight for their honour. Men cannot force the judiciary to change its prejudice and also hear the grievance of men. Men cannot force legislature to think beyond votes and make just laws. Men cannot force police to be impartial investigator.
At least men can refuse to marry.