<<<<Delhi gang rape: Constable injured during Sunday’s protest at India Gate dies>>>>
This poor constable was brutally beaten up by unruly mobs…..Is he not a human being? No one speaks up for him……It is sad that people are driven by media channels who are just interested in TRP’s…Who are playing with emotions of people because in this country a crime against a lady evokes emotions… Whereas a crime against a man (even no one seems no bother about the boy friend seriously injured with the girl) is acceptable.
Did the TV channels ever bother about the suicide by farmers….Did they ever ran 24X7 campaign for this issue? Did people in Delhi ever protested for the farmers dying out of hunger?
Did people ever protested when it was found that Nisha Sharma has falsely implicated an entire family on false charges of dowry and sent them to jail for years and the entire family was found to be innocent and it was found that Nisha Sharma has leveled baseless, false allegations against the entire family. Why people of Delhi did not protest? That incident happened in Ghajiyabad just in the vicinity of Delhi.
Why the people of this country do not protest when a small 2 month baby was falsely named in FIR and made to suffer? Why the emotions of the people are not stirred in such cases?
Why the people of this country did not protest on such a gruesome murder by wife? Worst in this case is the wife murdered husband when he found that his wife was in illicit relation. Why the emotion of the people was not stirred? Why they kept quite and did not lay seize of India gate?
Why people of this country did not march towards Raisana Hills and 10 Janpath? Why they kept quite? Is the pain of a man whose genitals has been chopped off less painful than a woman being raped?
This lady harassed mansoor ali khan for 16 years and he was in jail on false charges by lady. Why people did not caught this lady and punish her on the streets. This person suffered a significant portion of his life running behind courts and was in jail for no fault of his. Where were the people then?
Why people were not hurt and did not feel anger in all the above cases? Because a crime against a man is accepted in this country… It is “Chalta Hai” attitude of the people….A penis chopped off of a man is a matter of amusement and fun for the public but a rape of a woman is a matter of venting frustration on the streets.
Looking from another angle to this issue….What the protestors want? If by their logic that accused who are arrested must be hanged…….If this logic is accepted then there is no need for courts. If all the accused arrested by the police are criminals then where is the need of the courts. Because in this country police does not do their jobs properly and arrests anyone to release pressure on them…that’s why there is the criminal justice system…..because 100’s of criminals can be let off but one innocent person should not be punished….
Media or public has no right to conduct trials…Trial by media is violation of human rights…
Wah…Indian Public Wah…No wonder Justice Katju said that “90 % people of this country are Idiots”.
Hon’ble Chief Justice M Yusuf Eqbal,
High Court Buildings, Madras High Court,
Subject: Regarding “Holiday court to suit working couples”
This is with regard to the article published in “The Times of India” dated 07th July 2010 titled “Holiday court to suit working couples”.
We “National Family Harmony Society®” NFHS congratulate you and thank you for this initiative that will not only help the “working couple” but also will help to bring down the pendency in the Family Courts.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
Our NGO works very closely with family court litigants and we provide counseling and other possible advice and help to the litigants of the family court. These litigants have a failed marriage and had already undergone lot of trouble, harassment and mental torture due to a failed marriage.
Sir, we request more such initiatives which will help to reduce the huge pendency in the family court.
We wish to present the following list of proposals and suggestions to your kind self:
- Induct more judges and extend the court timings.
- Family courts should start an evening shift in addition to the regular day shift.
- Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
- Additional family courts in addition to the existing family courts should be opened without any further delay to cope up with the huge pendency.
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
- The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
- Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
- As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
- The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
- Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
We thank you and congratulate you once again for this initiative and hope that in future there will be many such initiatives towards the reforms in the Family Court.
P Suresh, President, 9880141531
National Family Harmony Society
This is with regard to the advisory issued by your ministry on 20-October-2009 to all the chief secretaries of state governments and Union Territory administrations vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.
In this advisory your ministry has quoted judgments of various High Courts and Honorable Supreme Court regarding heavy misuse of 498A IPC notable among others Delhi HC Judgment in “Savitri Devi Vs. Ramesh Chand and others”, Supreme court of India in “Sushil Kumar Sharma Vs. Union of India and others”, Supreme court of India in “D K Basu Vs. State of West Bengal” etc.
In paragraph 8, the advisory recollects the Supreme Court judgment reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N. which talks about arrest guidelines. Sir, in this country, where police personnel do not obey the orders even from the highest court of the country, what is the use of such advisory? Has illegal arrest, detention in case of 498A stopped by your advisory?
In paragraph 9, the advisory talks about an attempt being made to make 498A IPC compoundable but could not be pursued due to opposition from women organization. Sir does your ministry works based on logic, data, statistics and reasoning OR Women Vote Bank Politics? As per data available with NCRB, Delhi and as reported by DNA News Paper on 22-02-2010 (http://www.dnaindia.com/india/report_one-married-man-commits-suicide-every-9-minutes_1350968) one husband is committing suicide every 9 minute and most of it is attributed to family problems (Read torture and harassment by errant, arrogant and abusive wives).
In paragraph 10 the advisory talks about some set procedures by which misuse of the laws may be curtailed. Why the Government makes such laws, which can be heavily misused. Why the basic and necessary precautions to avoid misuse are not taken before making a law. By the way may I know, what are the set procedures your ministry has framed to avoid misuse and is being talked in the paragraph 10?
In case of Bhopal Gas tragedy where 15000 people died, it took 26 years for the victims to get INJUSTICE (2 years punishment for secondary accused!!!). And here due to 498A IPC and other family responsibilities 381108 husbands have committed suicide in last 5 years. So when the Indian husbands can expect some relief from your Government Sir? How many more innocent husbands have to commit suicide to make Government make the law “Gender Equal”?
Sir, I think even if you are not a cricket or tennis fan, by this time you would be aware of Shoaib Malik courtesy the infamous and dreaded 498A IPC. As per media reports 498A IPC was invoked by Ayesha Siddiqui against Shoaib Malik conveniently after many years against the Pakistani cricketer and later conveniently withdrawn when she got the settlement amount of 15 crore Rs (http://economictimes.indiatimes.com/news/news-by-industry/et-cetera/Shoaib-Maliks-mystery-wife-Ayesha-Siddiqui-to-get-Rs-15-crore-as-alimony/articleshow/5777306.cms) as per media reports. This is the bitter truth of why the women organizations are opposing amendments to 498A IPC.
And Sir, your earlier cabinet colleague and your fellow senior party men Shri Arjun Singh would also definitely have complained to you about misuse of 498 IPC. When a towering personality like Shri Arjun Sing can be so easily named in FIR then I need not tell the plight of ordinary citizens of this country. There have been thousands instances where pregnant sisters, school going children, grand parents been named in the FIRs, arrested and sent to prison just on a false complaint filed under 498A IPC.
Sir, Please understand that there is no use of such advisory. As I mentioned before in this country where even court orders are flouted with easy there is no value for such advisory. Instead I suggest you to take some concrete action. And you can take steps to stop injustice only if your ministry engages NGOs who are creating awareness about heavy misuse of “Gender Biased” laws. The need of the hour is “gender neutral” laws and not “gender biased” laws.
President, Family Harmony Society
An open letter to Honorable Law Minister Shri Veerappa Moily-Bhopal Gas Verdict
This is wrt the news article below.
People died: 15000
Years of trial: 26 years
Punishment: Two years in prison for causing death due to negligence
Status: all released on bail
A meaningless judgment which gives no justice to victims rather than the end result puts salt on the wound of the harassed and tortured victims.
Indian judiciary is designed in such a way that it will torture both (falsely accused persons and needy victims)
Sir, Where are the much talked about judicial reforms?
If the trial of a case, where 15000 people died and which attracted worldwide attention, takes 26 years then you can imagine the plight of the ordinary citizens of this country.
Sir, we have heard many news through the media in which they have quoted you as saying below.
1) Divorce cases will be completed in one year. Sir you yourself are a lawyer. For your information, In Bangalore Family court more than 15000 cases are pending trial. A typical case of divorce takes 5-6 years in the trial court then obviously the party who lose case goes to High court then Supreme Court. By the time divorce is granted both the parties are at the verge of dying. The only reason I to court for my cases on “my date” is to get “next date”. I console myself in the court hall after looking at hundreds of people who are also waiting there to get “next date”. Sir, Only work which our courts are doing is to give “next date”. Even most of the time the arguments which are happening in the court is wrt to what should be the “next date”? Judges are so much overloaded with cases that they are struggling to even give “next date” as both parties normally do high pitch arguments to get “next date” which is suitable to them.
2) We heard through the media that 5000 cores have been allocated for judicial reforms to finish all cases by 2012. I am running around the corridors of court from 2006 and I can only see that crowd of litigants in the corridors of court is increasing much faster than even “Kumbh Mela” crowd. The crowd in the corridors of the court is swelling so fast that soon time will come when we need to keep fire tenders, water tanks etc ready in the court premises in case of any stampede like situation. Sir, the scene inside the Magistrate Court’s is so pathetic that Litigants feel Jail is a better place than running around the corridors of the court. We have been hearing very frequently that accused are throwing sleepers at the Judges. I feel all this is due the frustration due to an insensitive and rotten system.
3) We also heard that you had said child custody cases will be finished in 6 months. Sir for your information by the time notice is issued and the opposite party file objection itself more than 6 month happens in Bangalore. We file child custody application for our “minor” children and by the time the lower court decides the matter and then high court and then Supreme Court, our children becomes “major” are of marriageable age and the “Child Custody” application becomes meaningless. We struggle long years to get some order wrt the visitation but by the time order is passed our children would have forgotten us.
4) We also heard through the media that you have promised to make all the existing laws in the country to be “Gender Neutral” but we are also hearing through the media about the proposed “Sexual harassment bill” where only a women can file a complaint. I also filed a RTI application seeking certain information from your ministry but did not receive any reply. And Sir, what about the Domestic Violence Act where only “a young married wife” can file a complaint. I hope you will fulfill your promise and make Domestic Violence Act “Gender Neutral”.
Sir, As per Supreme Court website below are the shocking statistics.
Number of case pending in various courts in India:
· Supreme Court : 55,791
· High Courts : 40,49,649
· Trial Courts : 2,72,38,782
These numbers are increasing at a very healthy rate.
As per a report from Delhi High court, it is so behind in its work that it could take up to 466 years to clear the enormous backlog.
Sir as an ordinary citizen of this country I feel now time has come to for the Law Ministry to stop making any fresh “Promise” rather now the time is to implement the past “Promises”. I wrote this open letter to remind you of the past promises and also the sufferings and harassment of litigants.
The Bhopal Gas victims have only received Humiliation, injustice, harassment and torture due to our inefficient judiciary. I hope that this case will act as a catalyst for your ministry to stop making any further “Promise” before completing past “Promise”.
President, Family Harmony Society