Saturday 25 April 2015

Delhi satyagrah on 5/5/15

Why you need to come to Delhi? Why can’t you miss to join satyagrah at delhi?

If you are a man and an Indian citizen living in India or outside and married to an Indian woman then you are at a high risk of trapping in the mesh of Indian laws made for the safety of woman but highly misused for settling personal scores. There are five major laws that are used in this way Rape, Dowry death, 509 IPC, 498A IPC and DP Act.
Look at the statistics and try to read between the lines and figures. Present are the cases as reported by NCRB. Every year figures are increasing but look around your society and think whether crime is really increasing or it is MISANDRY.

Rape
Dowry death
509 IPC
498A IPC
DP Act
2012
45351
8233
9173
106527
9038
2013
70739
8083
12589
118866
10709
2005
26856
4648
4689
28579


·         Rape cases reported are increased 56% from 2012 and almost three times from 2005.
·         Dowry death cases reported are almost double from 2005.
·         509 IPC cases reported are increased 37.2% from 2012 and almost three times from 2005.
·         498a cases reported are increased 11.6% from 2012, 26.3% from 2008-2012 and almost three times from 2005.
·         DP Act cases reported are increased 18.5% from 2012, 67.1% over 2008-2012 and 299% from 2003.
Remember these figures are of cases reported. To register a case a woman just need to give statements which are considered as prima facia proofs, you are termed as criminal till you prove yourself not guilty. So these figures include all true and false cases.
Now let’s look what police do with these complains during investigations.


Rape
Dowry death
509 IPC
498A IPC
DP Act
Charge sheeting rate in 2013
95.8
94
96.1
92.3
>90

This means police charge sheet you as a criminal in more than 90% of case on just mere allegations of woman without proper investigations. You will be arrested and your case moves to court now where you have to seek bail first as most of the mentioned crimes are non cognizable. In maximum of cases of Dowry death and Rape accused is sure to be arrested and spend time in jail till gets a bail. In 498a case maximum possibilities are that husband will not get bail at least for some period of time inspite of CRPC 41. Look at the arrest statistics of these crimes below.
Arrests
2012
2013
Person arrested per case
Dowry death
24418
23864
3.0
509 IPC
11104
14739
1.2
498A IPC
197762
222091
1.9
Rape
31117
42115
1.2
DP Act
15786
22151
Same as 498A

The data in last row shows person arrested per case, this does not means same number of persons were charge sheeted or accused in the complain. Normally more number of persons were named in complain and FIR and prime accused are arrested, this means rest all will face the trial after seeking bail from the court.
Now come to the data of our courts which says courts have pendency of 84.8% for the cases registered under sections for crime against woman where just 15.2% are disposed. So minimum for 5 years trial will go on in lower court.
Crime against woman is 11.2% of total crimes in India which is increased by 51.9% over 2009, 26.7% over 2012. Did you analyze the reason why the statistics shows such drastic figures??
Because there is no punishment for false cases for woman. Woman can falsely allege you in these case, police will charge sheet you and arrest you, lawyers will rob you from your hard earned money and you will lend up going courts for minimum five years when you could have progressed in your careers. Job losses, suicides and depression are other side effects.
Now look at the conviction rates of these crimes in 2013 at lower courts.

Rape
Dowry death
509 IPC
498A IPC
DP Act
Conviction rate
27.1
32.3
32
16
Same as 498A

After five years in lower court most of them gets acquitted rest appeals in High courts and Supreme courts and this figure goes down more. For example in 498a IPC case conviction rate is just 16% and it goes as down as 2% when case goes in higher courts.
Now think what we are getting from these biased laws
·         Are we able to abolish the crime?
No figures show that crime reported is increased every year. So seriously we can’t claim to check the crime.
·         Why after charge sheeting is so high accused are not convicted?
This means investigation was not properly done by police and innocent people are arrested and trapped in cases. Pressures from feminists for registering FIR is making them registering false FIR without proper proofs as police is bound to register FIR as a woman approaches them.
·         What this means then?
Either laws are useless because crime is not checked by them or they are misused highly. As there is no punishment for false cases these laws are highly misused for settling personal scores. Police not doing investigation properly adds to the crisis. Innocent people are forced into the process of law and courts which is sometimes as lengthy as a lifetime of a man. No limits how much money is wasted in the process of hiring lawyers in lower court and upper courts for bails and other proceedings. Even Hon’ble Supreme Court in deciding Criminal Appeal no. 1277 of 2014 Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 has also showed concerned about the misuse of  498A, IPC by disgruntled wives. Also in writ petition (civil) 141 of 2005 Sushil Kumar Sharma Vs Union of India and othrs on 19/72005 Honable Supreme Court has termed its misuse as legal terrorism.

SC said,

“There is phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-A of the IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. “Crime in India 2012 Statistics” published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498-A of the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal.”

The figures given above by SC come out to be (85+6) 91% false cases. Also look at the data of given by Delhi commission of Women that 53% of rape cases filed between April 2013 and July 2013 were false. It was published in various leading papers. Also 90% of NGO seeking funds under WCD scheme are found fake. Think and analyze what’s happening around. It seems it has grown up like a business nowadays and innocents are trapped in laws made for the safety of women. It is because deeply rooted Misandry in our society which considers that every man is a criminal and every woman is victim. Whatever is alleged by a woman can never be false and man is termed as criminal. Not even relatives (mother and sister) of man are heard they are also on the same side of law and termed as criminal if a woman names them.
·         What is the solution?
Solution is Men’s commission which is the demand of all of us victims of False cases. As there is WCD to oppose the order passed out by SC for Arnesh case but nobody is there for us to oppose WCD. It’s a one sided game. Sushil Kr filed a petition in SC for terming 498A IPC unconstitututional but not every man can do this, considering the expenses incurred in SC (lawyer’s fees more than 80k). Definitely we need a Purush Ayog and amendments in the present laws which are highly biased. Laws like 498A IPC need to be scraped or amended to make them bailable. There must be punishments for false cases otherwise laws will continue to be misused.


So the solution is 5/5/15 to come to Delhi Satygrah. I request all to come so that we don’t complain later for what happens with us due to biased laws.


(Views are personal)

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