Dowry death misuse: A Justice Saldhana judgmentUsing Six sigma statistics there is no death difference between suicide of married women and never married women so the presumption of dowry death has to be dropped of course the minds of NCW has to be examined specialy Ms.Girija Vyas. IBN7 Debate Viedo1: IBN7 Debate on Dowry LAW Video-1, Video--2, Video-3
Please look in national crime bureau statistics of 2005 and 2006 .
It is illustrative to note what Justice Saldhana said of dowry law misuse on 2003
The Following judgment in 2000(1) Karnataka Law Online starting on Page no 560 is illustrative of the severity of the abuse of the process of law happening in the dowry harassment and section 498a cases
IN the high Court of Karnataka
M.F.Saldhana & M.S. rajendra Prasad JJ
Crl.A. no. 589 of 2003
Decided on 4-9-2003
important excerpts starting from page 562
we need to sound a note of caution that the police and investigating authorities should not improperly and technically jump to the conclusion that merely because death has occurred that ipso facto a criminal offense has been committed . In as many as 44% of these cases prosecution is thoroughly unjustified. Unless there is cogent and convincing evidence and unless there is material to sustain these charges, it would be totally impermissible and completely unjustified to embark upon legal action. The consequences of these charges are extremely grave because the accused husband and invariably family members are placed under arrest. There are serious social and economic repercussions.
end of excerpt :
a little later following excerpt from same judgment
The fact that we do come across considerable number of instances where prosecution was unjustified seems to indicate that in every case of death of young woman or recently married women that prosecution and filing of charge sheet has become automatic. There does not appear to be a proper application of mind at the stage of scrutiny and having regard to this position we direct the concerned authorities to ensure that requirements of the law are correctly and responsibly followed .
Copy to be followed to D.G. (Police)
Further we witness the cases, even when the wife is alive, still the Husbands/husbands mother/sisters send behind the bar years together and after 2 or 3 years we witness the wife is alive and staying with other men. This clearly evident and expose beyond reasonable dought the loop hole of the law , which can be abused even when the wife is alive, then you can understand what can be happen when a women die in accident/suicide/Murder or any other illness. YouTube - False dowry death case
NCW want each and every death of a wife to be converted to dowry death, so that they can fool the people that dowry death is increasing and demand more and more fund form the government and other sources. Such loop sided and assumption based law should be immediately changed by our LAW maker and the same to be made gender equal, husband/wife to be replaced by the word spouse, as more than 52000 married man also end their life in un natural death as per crime Bure report itself, but all the husband killers are moving freely in our society. Let stop this legal terrorism promoted by NCW and their associated organizations, who wants that each and every home more and more litigations, so that their recommended Panel lawyers can earn more and more money by sucking the blood of common people. In the IPC already the Murder LAW/Attempt to murder law are there and the convection up to hang to death already available, still they want more and more duplication of law to increase more and more litigation and want to send the innocent people behind the bar without any evidence and without any investigation and want to convert each and every death of a wife to a dowry death to fulfill their hidden agenda. It is a great challenge to our LAW makers, will they surrender to NCW’s absurd, ill-minded proposal or do justice to common people and stop this Legal Terrorism in India in the name of so called dowry Laws, which is totally assumption based instead of any evidence based.
Stiffer dowry law may lead to more abuse: Times News
Mansi, a little 4 years old girl was sitting on laps of her mother, confused but aware that her grandmother had died last night. Her grandmother Mrs. Sahay died after prolonged illness. Besides her husband Mr. Sahay, she left behind a joint family consisting of her three sons, three daughter-in-laws and half a dozen grandchildren. Mr. Sahay is a senior citizen retired from a white color top govt. post.
Suddenly mansi saw 3-4 persons in khaki, talking aggressively to her father and grandfather. Mansi innocently asked her mother
"Mamma, are they Yamadutas?
If they are, aren't they making a mistake?
Why they are taking away grandpa, its the grandma who actually have died."
Her mother immidiately put a finger on mansi's mouth and whispered in her ear, "They are not Yamadutas my angle, they are policemen."
Police officer: Mr. sahay, you are under arrest on charges of section 304-B.
Mr. Sahay: But we have been married long back and there was not a single dispute in our whole married life. I have a big joint family and we are living happily.
Police officer: You all have to be arrested and the body of the deceased need to be sent for post mortem.
Mr. Sahay: What do you mean by all? She died a natural death.
Police officer: All means, all your sons and daughter-in-laws also.
Then he changed his tone to bollywood style policeman, "Main farz se majboor hun" (i am duty bound, i cant do anything). You all have to come with me, as by law, husband and all her relatives have to be presumed guilty for an offence of dowry death. Are they not your relatives?
Mr. Sahay: But officer, its more than 35 years since our marriage. Arrest, Why?
Police officer: "Kyonki Saas Bhee Kabhi To Bahu Thi", the officer promptly replied.
Thanks to _NCW_ for their proposal to remove the limit of 7 years on the presumptions in case of dowry death under section 304-B IPC and making it for complete lifetime of a woman.
I would also like to thank the Ministry for Women and Child Welfare (WCD) for all its care. Its support and care for the earning opportunities for the lawyers, policemen and brokers at CAW cells.
Regards,
Neeraj Aggarwal
Best Regards,
Stand and die in your own strength; if there is any sin in the world, it is weakness; avoid all weakness, for weakness is sin, weakness is death. - Swami Vivekananda
Reference:
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