In its annual progress report on human rights the US State Department concluded that numerous serious problems remained in India including excessive use of force
It also highlighted corruption in both the police and the administration, saying that it was endemic in the government and police forces, and the government made little attempt to combat the problem, except for a few instances highlighted by the media.
All over the world the goddess of Justice is shown blind-folded holding evenly balanced scales in one hand and a sword in the other. The meaning is quite clear: Justice does not discriminate between people according to their status in society or wealth and is even-handed in using the sword of punishment to those who break the law.
The democratic government needs to address the public that, The government know that there is problem …and here is what we are doing about it, till final solution is found.
This is how the law-enforcing machinery normally works in India. You approach police or their brokers and negotiate the price.They will convert a civil case, and register into criminal case.They will arrest the accused and produce him before magistrate.The magistrate will immediately grant police custody, without bothering about nature of case.
Now police will demand money, otherwise the accused will not get bail.
The magistrate will grant bail only when public prosecutor gives him signal that money has been received and it will be honourably distributed.
The Extortionists are
1. Police
2 .Public Prosecutor
3. Advocate of accused
4. Magistrate (There is Criminal + Police + Judicial nexus for Extortion)
In extradition proceedings at London court; Indias best known supreme court lawyer appearing for the accused said: Indian Police are the most corrupt, dishonest, vicious and murderous in the world
The plea was accepted by the honourable court.Indian Police is the most corrupt and criminal biggest Uniformed organisation in the world is well known.When we have such a system, how can there be Justice?
Secondly If Indian Government desires respect for the laws they must first make the laws respectable.
For example some of the problems with the section 498A of IPC are as under:
1. It rewards frauds and cheats for using the law.
2. It makes the accuser the prosecutor, the judge and the jury all rolled into one.
3. It makes all the families subject to destruction on the whims and fancies of criminals (girl and her families who want to get rich).
4. It has no safeguards for the innocent.
5. It facilitates elder and child abuse by the accusers without any fear of punishment.
6. It lays down no automatic punishments for the UN-scrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.
7. It enables violation of the privacy, sanctity and the dignity of the innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in the society and at the mercy of the lawyers and the inefficiencies of the court system in India.
8. It provides monetary inducements for corruption, falsehoods, revenge, blackmail and extortion; therefore an invitation to the increasing crimes in India.
9. It is a monster and menace, created by the law; and does not belong in any civilised and democratic society as it smells like fascism.
10. The guilty who make frivolous and scandalous complaints or start false prosecutions get off Scott free at the cost and expense of the public exchequer
This law, therefore, must go lock stock and barrel, and replaced by a law that punishes only the guilty appropriate to their crime.
That is the way a democracy works.
Only fascist dictatorships and enemies of the society create laws that destroys the very society they claim to protect.
There was assessment and advice of the Ex-Chief Justice of Bombay High Court,Justice Pandse.
He had said that 498A would bring devastation of Indian society.He had advised the judges to apply their mind despite law.
For this statement he had to face a forced transfer.This was at the initial stage of 498A.Now Indian families are in the brink of extinction.Justice Pandse was true.
Feminists laws legislated during the past two decades have unleashed a New Legal Terrorism, and they are also responsible for Rape of Indian Legal System as well as Indian Culture including Social order.Supreme court has said in recent judgement that provisions in feminists laws are often being misused to settle personal scores.These laws are no License to settle scores,or blackmail for Extortion;
merely because the provisions are legal.These laws does not give a licence to unscrupulous persons to wreak personal vendetta or unleash harassment by lodging frivolous complaints and allegations. The provisions in womens laws are intended to be used as a shield not an assassin weapon. Government need to reflect whether the laws have reached a stage where the pendulum has swung to the other extreme, whether it has become a tool for corruption,obstruction, delay, harassment blackmail and extortion.
Indian legal system has completely and miserably failed to protect innocent persons. Many instances have come to light where the complaints are not bonafide and have been filed with an oblique motives with the collusion of corrupt law enforcing machinery.
The acquittal does not wipe out the ignominy suffered during and prior to trial by the innocent accused family who were all arrested without bail and jailed without committing any offence.
The Judicial system must strongly deal with frivolous complaints and prosecutions by unscrupulous corrupt law enforcers; for wasting courts precious time and putting financial burden on public exchequer. The costs should be recovered from guilty and the victim should be compensated.
Preventing the miscarriage of justice, is just as much the work of the Courts, as it is their work to uphold the law of the land.
Perjury ( a statement that is false, made under oath) destroys the very foundations of the legal process as perversion of the truth is a crime against justice. False statements, retracted statements, and witnesses turning hostile has been growing at our judicial system .It is about time that the Courts put to use sanction and sentence perjurers as offenders, for their culpability. Their attempts to usurp and mock the authority of the Courts, the legal process, the rule of law, and the law of the land, have to be thwarted for in doing so they are aiding and abetting the miscarriage of Justice.
Unless Cry Wolf too often as a prank by feminists is stop-ed and unless unscrupulous persons including corrupt government machinery are properly and severely dealt with ; The Rape of Indian legal system and Indian society by UN-social elements will continue.
The present Domestic Violence bill will most certainly be useful for the urban woman in an adulterous relationship because if caught, she can accuse her husband/his parental family of domestic violence, have them jailed while she takes over all their assets.
The marriage is becoming a very dangerous commodity for vulnerable middle class families. The marriage and subsequent discord between the spouses has become a more serious crime for husband, than committing rape or murder in which heinous crime at least entire family is not arrested and jailed, without proof or investigation. Most joint middle class families are greatly suffering from the curses and horrors of these barbarian laws.
The amendment to the Evidence Act was made,which effected, shifting the burden of proof of innocence to the accused, much against normal criminal jurisprudence.
Section 498A became part of the Criminal Law Act on 25 December 1983.
Therefore according to normal criminal jurisprudence,the prosecution under section 498A is not only immoral and against internationally accepted law but also smells of fascist regime in India.
The prosecution of the accused under 498A is nothing but sending a soldier to the battlefield with both his hands chopped off.
The social laws have never succeeded in India. On the contrary they have led to runaway corruption. These social laws are goldmines for law enforcers for making illegitimate money and the vote bank for politicians.
The unholy criminal-police-judicial-political nexus begins and is sustained on the back of these social laws It is only common people that suffers because of the climate of criminality that survives in Indian system.
There are hundreds of false cases going on in India against overseas Indians specially against USA , Canadian and UK citizens with the motive being blackmail and extortion of Dollars as alimony in settlement of divorce.
Despite the presence of so many Indian-American womens organisations, pro-women US laws,an excellent legal system and Strong police force to protect women; Why then un-scrupulous Indian women, who are married to US citizens and residents of Indian origin are going to India to file criminal cases under section 498A of Indian Penal Code against their husbands and his parents?
Why these un-scrupulous women are over-riding the US System,
and misusing Indian corrupt, notorious and in-efficient Judicial system without any Jurisdiction?
The answer is very simple
1. IPC 498A of Indian Law is an easy weapon to purchase and use by the criminal, vindictive and abusive Indian wife / daughter-in-law, with which the husband and his entire parental family as well as friends can be harassed, Jailed and subjected to blackmail and extortion.
2. The US legal system and police force investigates in details all the accusations and find the Truth.
If the woman is found to be lying, she is being dealt with and punished.
There are hundreds of innocent NRIs in USA alone who are suffering from blackmail, extortion and humiliation at the hands of the unscrupulous spouses for the SIN of marrying Indian girl.The old parents of NRIs in India are jailed . NRIS can not return without being arrested and jailed.in spite of sufficient proof of innocence.
The problem is so serious that US state department has issued Advisory to US citizens of Indian Origin warning as under:
A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crime related to dowry extraction.
Many of the charges stem from the U.S.citizens inability to provide an immigrant visa for the 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
Canadian Government has also issued following advisory:
Growing numbers of Canadian citizens have been caught up in marital fraud and dowry abuse in India. Most cases involve Indo-Canadian males who abandon their wives in India after cheating them out of large sums of money. Other cases involve misuse of Indians Dowry Prohibition Act. This law, which was enacted to protect women and makes demanding
a dowry a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or pay off their spouses in exchange for the dismissal of charges.
To avoid such problems, you are advised to register your marriage in India along with a joint declaration of gifts exchanged, as well as consider a prenuptial agreement.
Gope Lalwani
