Wednesday, December 30, 2009

Americanized Manu-Smriti in India's property system

Americanized Manu-Smriti is a legal system where Heads-- the wife wins and Tails – the husband loses. Simply put this is a system of cherry picking western marital laws and implementing them in India just for the benefit of wives. A recent article in the Telegraph attempts to cherry pick American laws and then apply them in India after removing the gender neutrality of these laws in the United States.What this means is that in India these laws can be used only by the wife against the husband and not the other way around like they can be in America.Just like Indian McDonalds stores remove the beef patties and Indianize the dishes with chicken tikka patties , Indian feminists want to import the american laws and make them one sided so that they can be used by Indian wives against Indian husbands and never the other way around.

You keep only what you earn

The article starts of by saying that “traditional” Indian women are brought up thinking that the Husbands house is her own. Why is a woman is not taught in India that whatever she earns with the sweat of her brow is only hers to keep. She has no rights on whatever ever her husband makes unless she has made a significant enough contribution to the marriage through an extended period of time. Why is a woman brought up thinking she can like only live like a parasite on the husband ? Who is responsible for planting such non sensible teachings in the minds of innocent girls. It is the parents of the child . This tactic has been has been used for generations by parents of daughters just to absolve and deny them right in their paternal property.This argument has also been used by Indian courts and Indian wives for decades when they claim maintenance from husbands in courts. This argument works for the wife , her parents and also for the feminists. The Husband in India is expected to bear the burden of the wife after marriage in every way while her parents who have given birth to the girl child can wash their hands off. In India the wife herself is not expected to taker even her own burden and law states that she has to be carried around for the rest of her life by her husband. The interesting thing to note here is that the right of the wife is limited only to the husbands property and credit but not his debit. The wife will legally have right into the money, property and credit of the husband while she has no responsibility to bear completely or even a part of his debt. These laws worked about 100 years earlier when women were uneducated and child marriages were common. ManuSmriti was followed by both the husband and wife alike. Circa 2009 when Rs 75 Billion is spent annually on women in India , females have a higher life expectancy than males on the average and the suicide rate of husband is twice that of wife’s these laws of ManuSmriti have little meaning .

With the rising divorce rates in the country and the phenomenal abuse of the Marital laws (close to 98%) how “traditional” the modern wives are is left to the imagination of the reader.

When should a wife have a right to matrimonial property ?

The wife must always be entitled to property from her father as a matter of right and from her husband depending on her status of contribution to the marriage and length of the marriage. The Feminists however have a one sided opinion. In the Article they speak about the wife’s rights in the property of the husband. How about implementing the idea that the father of the girl must give half his property to his daughter and when the daughter is married the husband will also have 50% right in the property of the husband.

However the feminists are concerned about only one sided flow of money and property, so whatever the wife has is her sole right( that her Streedhan) , what ever the husband has is also her right( that’s patnidhan) . The father of the wife of course has no legal binding to give half his property to his daughter , so he walks away a free bird while the husbands starts to bears the burden. Also when should a wife have right to a husband’s property also remains a question to be answered. The wife must prove that her contribution and efforts in the marriage has been significant enough for her to demand a share in the property of the husband .

Comparing India’s laws with the west

When feminists compare Indian laws with the west and demand the implementation of laws in western countries in India after making them one sided , that’s when creation of American Manu-Smriti starts.

The article compares the laws in Texas and other American states. However the Feminists do not state that in the state of Texas a wife can qualify for any Alimony only after she has lived with the husband for a period of 10 years. In India women qualify for alimony and maintenance after being married for just 10 days. How about importing this law in its totality and applying it to India so that women know that Alimony is not Free lunch , it has to be earned after contributing 10 years into the marriage.

What about the husband’s rights ?

More and more women are now entering the workforce and buying and investing in property and in the US property laws work both ways and if they are created in India they must be created in the same way. If the husband has paid a significant amount towards buying the property and the wife wants a share in it she must be made to buy her share in it . In the same way a wife should not be able to throw her husband out of the property that she has acquired or inherited from her father.

The article fails to achieve gender neutrality and depicts women as an object whom her biological family dumps as a burden on her without giving her any rights into their property and husband is then made to follow Manusmriti on one side by being completely responsible for taking care of the wife and also follow American laws when the marriage breaks down and giver her half of his hard earned property.

Monday, December 28, 2009

Poster urging Indian women not to misuse Biased Marital laws

Thursday, December 24, 2009

Spend millions on marriages if it fails just call it dowry !!

The Government of India has been on a very serious mission . The mission to control dowry . This mission has been going on since the 1960 when the government first created the Anti Dowry law . The Anti Dowry law has been very effective in harassing innocent husbands and their families and using state machinery to extort money from them in the event of a breakdown of marriage .According to the Indian feminists Indian brides become more inflammable than gasoline the moment they enter the houses of their husbands and the dowry is the main reason for this inflammable tendencies to occur abruptly after marriage. They are freuently heard ranting about how extravagant marriages must be controlled and people must pledge that no dowry is given or taken .

What have the feminist and the government done to stop extravagant marriages ? Nothing !
Has the government created a hotline where dowry exchanges can be reported ? No !
Have the Dowry prohibition act where giving dowry is also a crime being implemeted ? No !

According to this press report Rs 200,000 to 600,000 crores is being spent every year in Indian on marriages and every body is happy that its boots the economy . The article also mentions that the Indian marriage industry is worth 12% of Indian economy.Everybody wants a pie in this huge industry from jewellery industry to real estate to automobiles to Airlines . Is anyone complaining at this stage . No , Nada !! After all the Indian marriage Industry is boosting the economy ,right ?So why should the feminists or the government say anything about it ? But the story just begins here .

Cut to one year after the marriage . The wife and husband feel that the marriage is not going well and either of them feel that the marriage needs to be dissolved . Pat comes a dowry case and here comes the stridhan list and huge marriage expenses(which boosted the economy, remember) which the girl now demands the groom to pay back . Our Feminazi friends now come into the picture as they jump into the offing and start ranting about how women are being harassed for more and more dowry and the ill effects of money being spent on a marraige. TheHusband and his family are jailed , the statistics table is updated with another dowry complaint . The Government becomes worried that increasing dowry complaints indicate a deteriorating condition for women and more funds are then allocated for women empowerment. The point to note here is that India does not track any data year wise on how many dowry cases actually proved to be true , it just tracks complaints . The complaint data is also never updated after 8 years when the husband is acquitted.

So this is a win win game for everybody. The Industrialists benefit from the 600,000 crore marriage industry , the government benefits from the taxes , The wives benefit from misusing the law , The police benefits from the bribes it gets from wives and husbands , the lawyers benefit from the cases , the feminists benefit from the dowry data that is coming in which in turn justifies their need and existence in the world of women affairs . Whats so bad about it after all ?

Did we forgot to mention about what happens to the husband ? Who cares anyway , he is always disposable !!

Pitiable welfare statistics for Indian Men

Statistically speaking

Below is the data acquired from sources of Indian Government . Do Indian women really need any more benefits and government pamperment , decide for yourself ?

Life expectancy

According to data provided by the Ministry of Health and Family Welfare , Government of India . Indian women on the average live 2.14 years more than Indian men . The Life expectancy of women has grown over the years and has surpassed men in 1992. Click to see a graphical depiction of Life expectancy of Indian men and women plotted against years.

Suicide Rate of Indian Husbands

According to the data provided by the National Crime Records bureau( Ministry of Home Affairs) . Below are the suicide statistics for the past 13 years ( since NCRB started to track the suicides of Married men and women ) . The Rate of suicides of Husbands has skyrocketed while the rate of suicides of wives has remained more or less the same. To see a year by year chart of suicides by marital status click here.

Women and Child development Ministry Budget

There seems to have been an very sharp increase in the WCD Ministry budget during the tenure of the Congress and during the time when Renuka Choudhury was the WCD Minister. The data has been gathered from the yearly budget numbers data released by the ministry of finance.

Also read Male-Disposability Myth or Reality that analyzes the data above and exposes how the Indian sosiety has used men for its benefits and then disposed them .

Wednesday, December 23, 2009

Anti Dowry law misuse shown in Popular Hindi Sitcom

Home ministry puts Interests of Police and lawyers before people

DIG SPS Rathore(Above) Hon'ble P Chidambaram - Home Minister (Below)

Ruchika case :- Is Rathore the real culprit or is it the Home Ministry which allows the Indian Police and lawyers to have their way

Do we Indians really know or care what really happens during the law making process ? We simply assume that that government is bound to work for the welfare of the common man first. Unless one is stuck in a police case does one get the true taste of the Indian Criminal Justice system . How many Indians know about how the Indian home ministry( MHA) allows the police to misuse its power and weeks safeguards the interests of lawyers by suppressing and derailing amendment after amendments created to reform the police or the criminal justice system . The way the Home Ministry has derailed the CrPC amendments of 2008 is a case study and text book example on how the interests of common people were trampled by a ministry which wanted to protect the income of the lawyers and police fraternity and did not allow reform to go through. Read below to find out more.

The Ruchika case has shocked India . The case shows how police and lawyers can misuse their legal power and get away with harrassing a family for 19 years and then getting away with a sentence as little as 6 months . As always we Indians would fume for a few days and as the media loses interest in the case we would be back to where we started from . Not a single one of us will question the ministry that allows the Indian Police and lawyers to get away with such vicious behavior. Day in and out Millions of people have faced the milder version of misuse of power at the hands of the police.

The Ruchika case is just an extreme example of the misuse of power to arrest and subsequent torture by the Indian police and this is nothing new. Just to prevent the misuse of the power to arrest by the Indian police the CrPC amendments were created in 2008 by the government of India .The Criminal Procedure Amendment Bill, 2008 had the sole intention of ushering in a new era of criminal justice in the country and amendment of Section 41 of CrPC which redefines police powers of arrest was a step in the right direction to uphold basic human rights and constitutional rights of the citizens of India. The people of India wholeheartedly supported the proposed amendment for CrPC and felt that is a very good and rational move taken by the Govt. of India and approved by Her Excellency the President of India It is in the best interest of natural justice, towards protecting the common people of India from the disastrous powers of arrest with the police, which of late have been grossly misused by them. This Amendment after receiving the assent by the President has already been notified as Act 5 of 2009 in the Gazette of India.

Misuse of Power to Arrest
The third report of the National Police Commission, referring to the quality of arrest by the police in India had mentioned that "power of arrest was one of the chief sources of corruption in the police. The report suggested that by and large nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% of the expenditure of the prison department." We all now know how the police arrested and tortured Ruchika's brother after he was arrested multiple times without any charge and the CrPC Amendments were created to prevent just this sort of brutality to happen again with Indian citizens. However the Police and lawyers do not like the power to arrest to go away and the Home Minister ( himself and his wife being high profile lawyers ) seems to agree with the lawyers and the police.

Section 41A – The bone of contention in CrPC amendments
One of the main features of the amendments in the CrPC is the amendment is the Amendment to Sec 41 which is nothing but the codification of the landmark judgment of the Supreme court titled “Joginder Kumar Vs. State of UP” regarding the which mandated the issuance of an by the police “Issue of Notice” to an accused before arrest which if not complied by the accused may lead to a subsequent arrest. This codification has been inserted in the recent amendments as Section 41A in Act 5 of 2009 . This judgment and the section 41A clearly basically states that an arrest is an exception and that an arrest should only be made in heinous crimes and that too only after an investigation and must be justified.

The reason for the lawyer’s protests against enforcement of Section 41A
After the CrPC Amendments, 2008 was assented on 7th January, 2009 and subsequently notified as Act 5 of 2009 in the Gazette of India, a small section of lawyers started protesting against this Act. The sole reason for the lawyer community to wake up from their slumber and suddenly become socially responsible was actually to safeguard the continuity of criminal syndication between Corrupt-Police-Officials, Broker-Advocates, and also Few-Members of the
Judiciary, those are benefited from the unwarranted arrests of the innocent people, through exploitation of money from them. The primary reason of the protests of the lawyer community is that the amendments are pro innocent citizen and Anti lawyer as false arrests are the primary source of bail revenue for lawyers in India. This fact was also highlighted by The Times of India vide their article dated 08.01.2009 titled “Lawyers strike to bail themselves out” .

Since the are one of the main beneficiaries of lawyers and the police personnel are the main beneficiaries of the unjustified arrests and abuse of the power to arrest. The lawyers realizing the fact the once an accused is issued a notice by the police he/she would simply turn up at the police station and hence there would no need to acquire bails and the income from getting bails in unjustified arrest ( which comprise 60% of cases ) which was so far being enjoyed by the lawyers would eventually dry up . So essentially enforcing section 41A would wipe out 60% of the unjustified arrest and 60% of the bail revenue of lawyers.

The MHA ignores the Parliament , President ,law commission ,and Chief Justice recommendations and prefers to listen to the lawyers
The most surprising aspect of the enforcing the amendments has been the behavior of the ministry of home affairs . The MHA was tasked with the job of enforcing the amendments after it was passed by both houses of the parliament and the President of Indian herself had given her assent to the Amendments .

The MHA then in a clear act of safeguarding the interests of these nondescript lawyer associations sent the amendments again to the Law Commission for review. The Law commission after reviewing the amendments responded back replying that the Act 5 of 2009 should be implemented immediately as the Act had come into force from previous Law Commission Reports and Supreme Court Guidelines on “issue of notice”, after routing it through Parliamentary Standing Committee of Home Affairs, and detailed discussion in both the houses of Parliament.

RTIs were filed with the Law Commission and MHA regarding the status of Act 5 of 2009. And it revealed some real strange and disturbing facts about the behavior of the MHA and shows clear sympathy of the MHA with the lawyer fraternity

1) Only some small and nondescript lawyer’s associations ( Like :- The law Association Davangere) and women groups are protesting against the notified Act 5 of 2009 for fear of loosing clients in Bail matters in non required arrests due to the “Issue of Notice”. The Law Ministry in one RTI reply’s on enforcement notification has clearly replied that it was its duty, to notify the new Act in the Gazette after getting assented by the President, which it has already done and it is now upto the Ministry of Home Affairs to issue the enforcement notification. The common man and other various NGOs on the other hand, rather want the “Issue of Notice” in Section 41A in Act 5 of 2009 to be enforced immediately, as it is the common man that suffer due to the delay in enforcement of Act 5 of 2009. Please find the RTI reply here to see the reality.

2) Some lawyers are trying to camouflage their unscrupulous agenda of safeguarding bail revenue as possible increase of crime after enforcement of the Act. Ministry of Home Affairs has on the other hand has repeatedly clarified, that even after enforcement notification, (as revealed through RTI) police can still arrest an accused, if it feels so and this enforcement notification does
not take away the power of arrest from the police. However some lawyers, it seems, are actually concerned with Section 41A dealing with “Issue of Notice” to the accused, as after issuance of notice, the accused would comply with the notice and simply not get arrested, which would therefore, curtail down these lawyer’s income through Bail Cases in non required arrests as reported in Times of India.

3) RTI also revealed that this is the ONLY Act in the Indian History, which been referred to Law Commission for review, after getting notified in the gazette, but before actually being enforced even for a single day. And in this process it also humiliated both the houses of the Parliament where the “Issue of Notice” was passed and our President who assented on paving ways to show that some lawyers are capable of holding our entire democracy into ransom so that they do not loose clients in bail matters in non required arrests. Not only that, the Law Commission has suggested the word “shall” instead of “may” be replaced, so that it would “ensure that in case where arrest is not made and further if the case requires investigation of the person, there should be at least be an obligation on the Police Officer to issue a notice which of course has to be for recorded reasons so that there is no abuse. The obligation to record reasons, will also ensure that innocent people are by issuance of notice at the whim and caprice of Police Officer”.

4) This Act had come into force after pursuant to the recommendations of Law Commission, views of the Parliamentary Standing Committee of the Ministry of Home Affairs, and also the views of the Home Ministry. In fact CrPC Amendments 2006 was drafted after consultations with the State Government and a group of officers comprising Central and State Government Initiatives. It is extremely surprising that such an important Act has not being enforced till date just because of some lawyers are protesting against it for unjustified reasons .

The MHA’s actions in not enforcing an act which has been assented by both houses of the parliament, assented by the President, endorsed by the law commission for immediate implementation and which when looked from any angle will benefit the people of India are very serious and unscrupulous in nature and clearly show a bias towards the lawyer fraternity and a hence makes a mockery of the democratic law making process.

CSR Chaiperson seeks more money for women to create the Domestic Voilence industry

Educated women unaware of Domestic Voilence

Even after burning through Rupees 75 Billion every year on women's issues the feminist leaders want even more.In a recent recommendation the chairperson for the Center for Social Research recommended "To address the issue(of Domestic Voilence), there should be more people appointed to handle these cases at the grassroots level and more money should be allocated for implementing the law". It is worth mentioning that along with the National Commission for women the Center for Social Research is another radical feminist agency funded by the government. Although its name says "Social Reserach" their primary reasearch is ONLY on women. Probably the Indian governmen feels that men are not even part of the society and not worth researching about . The Indian government allocates Rs 7500 crores ( Rs 75 Billion ) every year on women's needs according from the data published in the union budget . 82% of India's taxes are contributed by men and after independence Indian has not allocated a Rupee for men's welfare initiatives . Women are however supported by a union ministry with a full time union minister and national commission for women and thousands of women's NGO's who will go any lengths to get a cut from the Rs 75 Billion allocated every year for women. In order to justify this enormous budget the women organizations create fudged statistics about Domestic violence and Dowry deaths. These organizations claim that hundreds of thousands of cases related to dowry which are lodged by women every year is an indication of how severe the problem is .However they do not take into account the fact that the over 98% of dowry cases and over 80% of domestic violence cases are proved to be false in the trial case and fall through. These numbers are never adjusted or taken care of in the statistics . The Indian government also does not seem to care that over 56000 husbands( twice the number of wives ) are driven to suicide every year according to data published in the national crime records bureau. The number of suicides before marraige and after divorce is the same between men and women . It is time that the Indian men woke up from their deep slumber and spoke back to the feminists and their devious intentions.