IN SUPPORT OF THE RECENT JUDGMENT OF THE SUPREME COURT OF INDIA
whereby it clarified that gifts are not dowry



We support Supreme Court’s recent Judgment whereby it clarified that gifts are not dowry (as per news report in TOI)Demand for Gift after marriage is not Dowry Says Supreme Court of India
The Supreme Court has ruled that demand for money and presents from parents of a married girl at the time of birth of her child or for other ceremonies, as is prevalent in society, may be depreciable but cannot be categorized as dowry to make it a punishable offence. This means, if a daughter-in-law is being harassed for customary gifts by parents-in-law, then they could be booked under ordinary penal provisions but not under the tough anti-dowry laws providing stringent punishments. Acquitting the parents-in-law of a woman who had accused them of harassing her for dowry, a Bench comprising Justices Arijit Pasayat and S Sathasivam took help of a 2001 judgment of SC to say that not all demands from the parents-in-law could be categorized as dowry under the Dowry Prohibition Act. It said though the Act covers payment of money or articles during, before or after marriage by the girls parent to her in-laws, the cash and presents given had to have a link with the marriage to become objectionable in law. Other payments which are customary payments, for example given at the time of birth of a child or other ceremonies as are prevalent in different societies, are not covered by the expression dowry, said Justice Pasayat, writing the judgment for the Bench.
A Haryana trial court had continued the dowry harassment charges against the woman's husband while acquitting the parents-in-law, the married sister and brother of the husband. Though the high court allowed quashing of charges against the sister and brother, it said the parents-in-law were liable to be proceeded against. The apex court said that when the trial court had held that an attempt had been made by the woman to rope in as many relatives of her husband as possible, the HC should have given some reasons while reversing a well-reasoned order.
It said judicial discipline demanded the HCs to give clear reasons when reversing a trial court order backed by facts. Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the 'inscrutible face of the sphinx', it can, by its silence, render it virtually impossible for the courts to perform their appellate function or exercise the power of judicial review in adjudicating the validity of the decision, the Bench said.

Prior to this ruling, our lawmakers as well as the radical feminist organizations had never opened their eyes or tried to understand the basis behind the same, and the result was more and more misuse of Dowry Laws. Thus far, we have been silent witnesses to the extortion of money or obtaining custody and a legal advantage in the divorce case in more than 98% of the false dowry complaints (as per the court records), where it is the wife’s family that is demanding and taking money from the husband’s family in open court (in return for them agreeing to have the husband/his family released from jail) and the same is not considered a crime.

The bride and groom’s family in every culture around the world give gifts. Dowry itself is a bogus word that did not exist in India prior to the arrival of the British who had been practicing it for centuries (without a single dowry complaint having been filed in England). However, the word ‘Dowry’ has been misused by the radical Indian feminist organizations and the greedy/money minded girls’ families who hide behind the word ‘Dowry’ and cheat their own daughter/sisters basic right on Streedhan and equal right in parental property and always treat the husband’s family as a free ATM machine.

The Save Family Foundation and their associate organizations, and even Ms. Madhu Kiswar, have continuously demanded and urged that if any one harasses others for any money or property the same should be termed as Extortion or Blackmail. However, our lawmakers failed to accept that. Finally, the Supreme Court of India has understood that each and every dispute should not be termed as Dowry Harassment which is one small step towards stopping the Legal Terrorism and rampant Misuse of 498A, DV act and CRPC125 maintenance act.

Every 4 minutes in India an innocent person (who never demanded any dowry or money from the wife/daughter-in-law) including old mothers/pregnant sisters/children are facing false and fabricated Dowry cases and sent behind bars without any evidence (since no evidence is required and 498A is non-bailable). Despite the Law commission and various judges’ recommendations to make 498A a bailable offence, our lawmakers have not made any effort to save the innocent people who are being victimized by the abusive women and their families. We must stop this legal terrorism (as termed by the Supreme Court of India) by our radical women organizations that openly advocates and legitimizes adultery by the wife and killing of the unborn child (against the husband’s wishes).

We applaud the recent judgment of the Supreme Court of India whereby it clarifies that gifts are not dowry. We request the Supreme Court of India to set up an in-depth review by a panel of happily married lawyers, retired judges, elders and representatives from the men’s organizations that should also look into the complaints regarding the misuse of these laws. All laws that affect families should also take into account that mothers and sisters are women too, and it takes two to tango.

The Hon’ble Supreme Court in Batra v Batra rightly decided that the right should only available to a woman in a household owned by the husband and not in the household owned by the in laws, even though it may have been the shared household. In a country where the joint family pattern of residence is then norm, any other judgment virtually gives a license to women to throw out senior citizens from the own home with the help of a bad law. Every family has a right to live free from abuse. Denial of the right to reside in their own home for senior citizens is one of the most extreme forms of abuse, rendering the parents and grandparents homeless and insecure. There are numerous concerted efforts being made among the radical women’s groups to abuse these badly drafted gender baised laws.


We, the undersigned, therefore support the Supreme Court of India whereby it clarified that gifts are not dowry and request the following:


· Review the complaints of all those crying of misuse of these laws and by taking appropriate steps in the Supreme Court of India.
· Appoint full time qualified Investigating Officers (who should be held responsible if any misuse of the law is reported) and notifies Service Providers and medical facilities.
· Impose legal sanctions all women (and their helpers) who are misusing the law.
· We request all of you to sign this e – petition to support the above-mentioned ruling of the Supreme Court of India. Please write letters separately to the Chief Justice of India with copies to us:


We also request you to forward it further amongst your partners, networks and friends.


Please support our cause, Those anti social Women organisation influenced by wester ideas, Which are total against Interest of Indian Family system

JAI HIND.


Thank you for signing

For:Save Indian Society / Asha - Kiran / Save Family / MyNation

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PosterComments
Posted on Jan 6, 2009
Name: Sai
 In India dowry laws are misused the max. we have heard it even from first person of our country our very own President. Women organisations make hue & cry about it when we are requesting to stop the misuse ONLY. why are they so worried if misuse is to be stopped. Do they want innocents husbands and his family members to commit suicides.
Posted on Jan 6, 2009
Name: devil
Website: Visit
 why we require gifts in first place ,the gifts demanded should be consindered dowary, may it be before or after marridge.
Posted on Jan 4, 2009
Name: Preeti
 Gifts are not dowry.
Posted on Jan 3, 2009
Name: Stephen Jesukanth
Website: Visit
 This judgement is right. Dowry laws are being misused to the maximum extent. Both Dowry and D.V laws should have a clause punishing those who file such cases, in the event that it is proved wrong. Only such a law will deter people from filing false complaints
Posted on Jan 2, 2009
Name: Jamini Kanta
Website: Visit
 Recently I have booked under 498A. I ma a NRI. got bail and also my parrents, They accused me demanding 1 lac and torture my wife. Can anyone imagine an NRI getting 3 lac/MO (in indian currency) can demand 1 lac and torture his wife. Instead I spent lacs to fullfil my wifes dream. Now they are demanding 50 lac to sortout this case.Please help how to survive in this situation. I am the only son of my parrents and no brother and sister. I work hard here in USA instead taking care of my old parrents to fullfil my wifes demand of 50 lac. Please I need help and suggetion very badly. In our familly we don't have this kind knowledge abt court and any case.
God Please help me and my parrents from this devil socity. Please help me, my mothere and father both are high BP pataint. If any thing happen to them God forbid, what I will do I don't know.
Posted on Jan 1, 2009
Name: nagnedra si ngh
Website: Visit
 i fully support that these totally gendre biased laws immidietely removed from our society so that we live in a fendere neutral environment
Posted on Dec 31, 2008
Name: Savio Pereira
Website: Visit
 I support this petition. Gifts are given by in-laws of husbands, only if they are seen as demands and dowry. This trend has to stop, and families have to see each other as family, not adversaries.
Posted on Dec 27, 2008
Name: John Joseph Kottarathil
Website: Visit
 Dear Sir,
It is very amazing and interesting to see such articles and reported decisions of S.C . It true that Sec.498A is the most abused provision of law where several innocent people bacome victims. It is very incredible note the topics you have chosen to debate on. It will be very useful if you give the citations , so that I can up date the position of Law. I am a senior Advocte having 32 yrs of Bar standing. I really appreciate in your endeavour to enlighten mofussil Advocates to inprove their professional competency. I am practicing at the District court level. How ever I am also argue the matters at High court. Please be in contact with me and mail me the important decisions as and when necessary.I once again thank you very much for the same. You are doing an incredible effort for the betterment of lawyers at large.
Thanking you,
Yours sincerely,
John Joseph.
John Joseph.
Posted on Dec 26, 2008
Name: acmoon
Website: Visit
 This women terrorism & misuse of these provisions by Married Women and their relatives should be stopped immediately , also this is to be made non cognizable offence.
I support the Judgment and also request the lawmakers to provide a strict provision of punishing the complainants if the charges are found to be false. Women found in Adultery & otherwise having their Boyfriends take shelter under this provision.
Characterless Women are misusing the DV & 498A to extract money & get shares in property. They live like queens in the in-laws house & treat husband & elderly parents as their slaves. Innocent husbands suffer in silence. Rather they fee choked up & feel like committing suicide.

Posted on Dec 22, 2008
Name: vikas gupta
Website: Visit
 The SC should take immediate step towards the claimaint who have filed the 498a for proper investigation in every state of the country. And the one who found guilty for misusing this 498a(legal terrorism)should be fined as per the loss of the victim.and SC should do it immediately and look in tha cases where the innocent people suffered.
Posted on Dec 22, 2008
Name: vikkas gupta
Website: Visit
 I am waiting for this law to be changed by many years but there is no response from the Supreme Court.This law will remain and nothing can be done with INDIA(lawless country)
Posted on Dec 11, 2008
Name: rajinder singh
Website: Visit
 i support the judgement and also request the lawmakers to provide a provision of punishing the complainants if all the charges are found to be false. i would like to know if there is a ruling of supreme court that married sisters living in separate cities should not be involved in the dowry cases.
Posted on Dec 10, 2008
Name: Zakir Nadaf
Website: Visit
 I am also exermely suffering because of false 498a and DV alppication filed by ex-wife . First she launched 498a through FIR and after six month DV application is filed. DV case is presentaly going on , in both FIR of 498a and DV application allegations are the same still both the cases are going in the same court.
There was no any proof she has submitted or documents she has produced to police or court shows any offence,still both the cases are giong.i agree that there must be change in both the laws.
Posted on Dec 6, 2008
Name: saroj rohankar
Website: Visit
 i agree absolutely that women are misusing the DV & 498A to extract money & get shares in property.they live like queens in the house & treat husbands as their slaves.Innocent husbands if have small children suffer in silence as they know they wont get the custody.my son & i are suffering becos of my DIL to the extent of thoughts of abondoning our lives.She has made my son's life a virtual hell ! need help urgently.
Posted on Dec 2, 2008
Name: Nagi
Website: Visit
 498A has to be abolished, I cant bear the thought of my Child living a fatherless life for no fault of mine or my child's.
Posted on Nov 24, 2008
Name: sateesh.
Website: Visit
 The law of IPC 498 A should be cancelled immediately.
Posted on Nov 20, 2008
Name: Vipin Malik
 This terrorism by wife and her relatives should be stopped immidiately, also this is to be made bailable.
Posted on Nov 19, 2008
Name: Nitin Goel
Website: Visit
 I sign in support of this judgement. This legal terrorism should be stopeed immediately by our judiciary.
Posted on Nov 17, 2008
Name: lucky
Website: Visit
 please ammend this terrifying 498-A law , so the innocent and god-fearing people may live a peacful life
Posted on Nov 13, 2008
Name: Vipul Maganlal Parmar
Website: Visit
 I sign in support of this judgement.
Posted on Aug 16, 2008
Name: Sanjay Narain
 i have been fighting a false dowry case in chandigarh since 2002, i have already paid 6 lac Rs as maintanance and my mother who is 65 year old is also one of the accused.
These laws are getting grossly misused to extort money.
However my trail is expected to be completed in next 4 month and we have already won one case.
I want my case to be broadcasted on Media(NDTV,Starnews and AajTak for making a great impact againt misuse of the 498A)



Posted on Aug 10, 2008
Name: Dhaval
Website: Visit
 It is high time that the apex court leads the way to slash the draconian laws like 498A which are nothing but a colonical baggage of defunt and atrociously drafted legal system to drive the extortion machinery of the supremely corrupt Indian police force and rabidly anti-male feminist lobby of the country. If this menace is not reigned in, time will come when the very trust between a man and woman in India will be at severe risk. India has a long way to go towards being at par even with the lwoliest of the counteis on planet earth.
Posted on Jul 27, 2008
Name: Abhay
 298a is simply a tool for harrasment.
Posted on Jul 26, 2008
Name: Kailash C. Sahu
Website: Visit
 i think that our law makers are good for nothing. They are simply there to formulate laws blindly and never think about the consequences. Take for example 498A, here there is not investigations required and you are arrested for no wrong on your part. This violate our basic rights and how can such law be formed without keeping in view the constitution of india in mind. This is the dual nature of our laws. Hundreds and thousands of inocent people are harrassed every minute. I suppose that The minister for WCW, have not yet got the statistics, for ever she had really gone deeper into this legal terrorism, then she would have really looked into it. Moreover they are persons having high profile... but one thing is for sure "EVERY ONE IS EQUAL IN GOD's VIEW".. may be one of her relatives or herself get caught by this law (just like the case of former CJI). it is said that, once you have got a good bite form even a small snake, then you would panic at the sight of a lifeless rope.. god willing this would happen one day.. to each and every high profile "BOSS" of our country.. i would always wait for that time
Posted on Jul 25, 2008
Name: dhrmendra vats
Website: Visit
 dear sir,
we have purchased another house just behind our house. we have gone through every mandatory formalities in regard of search certificates & lien mark etc. we are approached by the debt recovery tribunel that this house is pledged by the first owner ( father of the senior officer / A.G.M of the S.B.I) with the state bank of india.As the defaulter of the bank was the father of the A.G.M of S.B.I so the bank did'nt ask for the title deed etc for proper mortgage of the property in dispute. we are affected and need help and fair justice,
regards
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