Tuesday, February 9, 2010

Delhi HC deliberately handicaps Husband's right to defend himself

Impeach Delhi HC Judge for denying of fundamental rights in Bail condition.

In a shocking example of violation and denial of basic fundamental rights and display of extreme gender bias against  Indian husbands . The New Delhi High court judge in setting the bail conditions in Bail application number (BAIL APPLN. 2102/2009) for a case of legal terrorism ( 498A )  denied a husband who is a senior scientist at CSIR the right to  file any complaints  against his wife and/or RTI enquiries to investigate the affairs of the complainant wife or any of her family members.

This case is a textbook example in Judicial bias that goes to demonstrate the gender bias that the Indian judiciary harbors for Indian husbands. It is for judges like these that over 56000 husbands are driven to suicide every year. Does this judge believe that he is above the constitution of India?

By not letting the husband file complaints against the wife the judge has clearly violated Article 14 and article 15 of the constitution which states

“14. Equality before law.- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” .

"15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.- (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex,place of birth or any of them."

If  the Indian constitution guarantees this right to all citizens of India what authority or jurisdiction does this judge have to take this right away  ? By not letting the husband to file RTI act to seek information from his wife or any family members he has also deliberately handicapped the chances of the husband to seek information to defend his case and prove his innocence apart from denying the husband the rights guaranteed under the RTI act which clearly states "Subject to the provisions of this Act, all citizens shall have the right to information."

This Judge must be immediately taken off  and strict action must be intitated against him for denying fundamental rights to Indian Husbands.

This comes at the same time when in a different case the same Delhi HC has backed and supported the case of a husband who used the RTI act to seek information from the Information from the income tax department  to get details of earnings of his wife to prove that she did not have the income to pay the Rs 10 Lakh dowry that she claimed to have paid .

3 comments:

  1. find out the bribe amount given to this judge

    ReplyDelete
  2. if the above is true then its an invalid verdict. a pakistani kasab who has committed open crime is treated better.

    and here a scapegoated presumed guilty indian husband is treated worse than an indian POW in pakistan.

    so much of gender bias? .......beats me!

    ReplyDelete
  3. That part which denies the right is void. He can continue to file RTI or appeal in SC against a prejudiced order-actually go for quash. This is denial of natural justice and fair trial.

    What is the reason for the denial of his right ?

    ReplyDelete