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 Jul 23, 2008
Name: S.D.Oberoy
 I SUPPORT THIS FULLY.
Posted on Jul 21, 2008
Name: Ozzzy
Website: Visit
 Scrap this most misutilised law for good !
Posted on Jul 21, 2008
Name: Priyank Gurdino Sundrani
Website: Visit
 I support this fully.
It is time that the Executive,Judiciary and the common people stood up against this before it is too late and these draconian laws undermine the institution of marriage in India.
Posted on Jul 21, 2008
Name: Sujay
Website: Visit
 Please ammend this law.. dont understand why the govt is is turning deaf ears to such sort of legal terorism.. Indian men are entangled in one of the worst laws in the whole universe... it is worst than staying in taliban rule..Ammending this law is more important than nuclear issue as it is making more and more families in India more and more nuclear..
Posted on Jul 20, 2008
Name: abhimanyu veer singh
Website: Visit
 Any law that relies on oral testimony alone and imprisons first and investiagetes later, is a cruel and inhuman law that only heartless people can allow to remain.
Posted on Jul 19, 2008
Name: saurabh agarwal
Website: Visit
 i support it.
Posted on Jul 18, 2008
Name: varun
Website: Visit
 this is very gud judgement i think appex court hasbeen waked up but its my kind request from u that please show particular citation who is saying this judgement for the purpose of use this rulling
Posted on Jul 17, 2008
Name: Amit
Website: Visit
 Even i do agre with the eye opner judgement of honourable S.C.
498a is the best eg of misuse of law by those who are to protected under the act.
Posted on Jul 17, 2008
Name: Zameer Ul Haq S.A
Website: Visit
 This is Zameer UL haq from bangalore. I really appriciate this move in the interest for the justice of men, my self and my famliy membes are a victim of false 498a and DV Act. In my case the police officials are also aware that these are false cases on me, infact the police officials have joined hands with my inlaws.
Posted on Jul 17, 2008
Name: Ayub Khan
Website: Visit
 My self Ayub Khan working of Int'l Indian School - Jeddah & my parents are in Hospet _ karnataka. We are the worst sufferer due to misuse of Dowry & DV law by wife & in-laws. After the sad demise of first wife i married again to a fatherless girl I gave her lot but i didn't single penny from them. I am having two childrens of my first wife as well as my second wife gave birht one child. Though we was adjusting myself to keep her always happy. But, her interest is only in my property & demand for cash. She is a money minded and she lodgeded a false complaint against me & my old aged parents to evicate jointly gifted house to her my child. She played a dangerous game torturing us mentally & physically. She is least bothered about future of her own child just because of bad taste of money for herself & for her family. Please help me to come out from this worst situation as she is ready to quite me for ths sake of money without looking into the future of childrens. Thanks.
Ayub Khan

Posted on Jul 16, 2008
Name: karuna
Website: Visit
 save men from legal terrorism
Posted on Jul 15, 2008
Name: Nirmal Kumar
Website: Visit
 I am Nirmal from chennai...I appreciate the supreme court judgement. Even i am a victim of Dowry & DV Act..We all should put our hands together to fight against the gender biased law.
Posted on Jul 14, 2008
Name: Brij
Website: Visit
 I do appriciate this decision.

As Delhi Govt/Police has taken an initiative to stop the misuse of 498A that no arrest will be happen witout the written permission of DCP.IT supposed to be mandatory by Supreme Court of India for every state.Only by saying it's a legal Terrorism you can't stop it.
Posted on Jul 14, 2008
Name: KULDEEP SINGH THIND
Website: Visit
 i ENTIRELY AGREE WITH THE HONBLE S.C. JUDGMENT

IF MISA/TADA CAN BE REPEALED THEN SEC 498A OF IPC SHOULD BE REPEALED OR IT SHOULD HAVE 498B PROTECTING MEN OR IT SHOULD BE REPLACED BY THE WORD SPOUSE.

DOWRY/VISA DEMANDS: A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American's passport, and he must remain in India until the case has been settled. There are also cases of U.S. citizen women whose families force them against their will into marriages to Indian nationals.

PL SEND MESSAGES TO PRESIDENT BUSH [IN FUTURE OBAMA] AND ALSO THE P.M. OF U.K. TO SEE HOW THEIR CITIZENS ARE BEING HARRASSED BY INDIANS GIRLS AND THEIR FAMILIES IN FLEECING THE BRIDEGROOMS. INDIAN LADIES HAVE BECOME 'PROMISCUOUS PROPERTY GRABBERS'AS PER TIMES OF INDIA -BOMBAY AND LOSE THEIR CASES BECAUSE OF THIS ATTITUDE AS STATED BY LADY ADVOCATE MS FLAVIA AGNES.

AS PER JUSTICE HON BLE J D KAPOOR ALL FAMILY MATTERS SHOULD BE COVERED BY CIVIL LAW AS WAS THE CASE 21 YEARS AGO AND NOT BY CRIMINAL LAWS SINCE LACS OF FAMILIES HAVE BEEN BROKEN BECAUSE OF THIS ILL CONCEIVED AND ARCHIAC LAW. 21 YRS AGO IT WAS GOOD BUT TODAY A GENERATION HAS PASSED AND YOUNG GIRLS THREATEN ELDERLY IN LAWS WHEN THEIR EXTRA MARITAL MISDEEDS ARE CAUGHT.

BUT WE WANT A TOTAL REPEAL OF 498A TO SAVE INDIANS/FOREIGNERS.
This has not however prevented the Government from introducing in Parliament the Criminal Law (Amendment) Bill, 2007 (INTRODUCED IN THE NAGPUR SESSION) which included a provision to make Section 498A IPC compoundable Andhra Pradesh has already amended the law in this manner via the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003, which came into force on 1 August 2003.

SHRI L K ADVANIJI[FORMER DY PRIME MINISTER OF INDIA] HAS ALREADY SIGNED THE BILL ON 10 OCT 2003.

IF MISA/TADA CAN BE REPEALED SO CAN 498A. AND ALL MARRIAGES SHOULD BE COVERED BY CIVIL LAWS AND NOT BY CRIMINAL LAWS LIKE 498A.

THERE IS A VERY SIMPLE WAY OF SOLVING THE FALSE COMPLAINTS /ARRESTS MADE BY INDIAN GIRLS BY FILING FALSE CASES [AS PER JUSTUCE J D KAPOOR AND ALSO JUDGES OF THE SUPREME COURT OF INDIA].

FURTHER WE SHOULD STOP MARRYING INDIAN GIRLS TILL PARLIAMENT REPEALS IPC SECTIONS LIKE 498A/375[E.G THE CASE FILED BY PREETI JAIN ON FILM PRODUCER SHRI BHANDHARKAR] /376 WHICH ARE USED BY ' PROMISCUOUS PROPERTY GRABBING' INDIAN GIRLS TO FLEECE AND HARRASS AGED SENIOR CITIZENS OF INDIA. PL SPREAD THIS WORLD ALL OVER THE WORLD. U WILL SEE THE RESULTS SOON.
THIS IS QUITE SIMILAR TO THE SYSTEM USED BY TYHE INDIAN TRANSPORTERS. THEY GO ON STRIKE FOR 10 DAYS AND THE GOVT OF INDIA BUCKLES DOWN. THE ONLY WAY TO DEAL WITH THIS 498A MENACE IS A TOTAL BOYCOTT OF INDIAN GIRLS BY NOT MARRYING THEM . THE GOVT WILL THEN REPEAL 498A JUST AS IT REPEALED MISA/TADA
I hope I am sending this email to whoever is concernde on this issue, if not please do lemme know so that I can prune my recepient list accordingly. Sorry if this mail reaches you without your interest, but I had to send this since the issue has to spread throughout the citizens of India and the whole world. pl note our organisation is already known to most member of parliaments and a detailed discussion has already taken in parliament with the women m.p.s also supporting our cause. I you want the details I can supply the same. so that society is not sent on a downward snowball run like this.

FOR CONTACTING POLICE YOU MAY PHONE ME ONLY FOR FALSE COMPLAINTS MADE BY WOMEN AGAINST THEIR HUSBANDS and families.

I'M THE JOINT SECR
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Posted on Jul 10, 2008
Name: Sunil
Website: Visit
 This law is totally not worth. Why shud women be given all the power even if they are misusing it. Because of one false statement, the husbabd and his family members have to suffer. Women will sit and dwell on the husbands money, where as the husband and his parents, members have to battle it out legally mentally ,financially and socially. Just imagine, parents work hard for 50 years to bring up their chaildren, save money make their son stand up for himself. And one fine day, THIS 498A WIFE comes and takes away all the happiness, money and life away from his parents. The point to be thought is " IS IT WORTH TRUSTING HER, JUST BECAUSE OF A FALSE COMPLAINT." Change this law and INDIA will be a better place to live in"
Posted on Jul 8, 2008
Name: AMISH MENDPRA
Website: Visit
 I strongly support this brave Judgment
Posted on Jul 5, 2008
Name: Majeeth Roshan V K
Website: Visit
 Please support again and let us pray for the further amendments so that innocents never been tortured.
Posted on Jul 2, 2008
Name: Abhishek Datta
Website: Visit
 I am totally of the same view as the apex court.
Posted on Jun 26, 2008
Name: Indranil Bhattacharya
Website: Visit
 Misuse of the anti-dowry law is subjecting young men to financialextortion by cunning girls and their parents, who want to become rich overnight.
Posted on Jun 23, 2008
Name: DK Gogia
Website: Visit
 I support this judgement.

498/406/125 - This is the only gender biased law putting power in hands of corrupt police officers and advocates. It's doing nothing but breaking families and giving extra power to girls and their parents to harass the family of husband. It doesnt care that to help a cunning girl, many innocent families lose their reputation and peace - and it includes innocent senior citizens, women and children too.

On a second note, women talk about equality. here why they need a law to empower them for harassing men ?
Posted on Jun 23, 2008
Name: Amit Gandhi
Website: Visit
 I sign in support of this judgement.
Posted on Jun 23, 2008
Name: karmajeet rath
Website: Visit
 many victims of the dowry acts are being put behind bars only coz the wife has some whimiscal wishes.And morever the parents are troubled for this. This practice has to be stopped and this is the time.the nation and its rulers should wake up to this call.
Posted on Jun 23, 2008
Name: sanjoy paul
Website: Visit
 I support the application. DV act, 498A are black mailing tools. 100% is being misused.
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