BIG BOSS PREMJI AZMI ALONG WITH EMPLOYEE COLLEAGUES HIT BY DV ACT
I had drawn the attention of citehr members unsuccessfully in three different threads to the DV Act, which is likely to adversely affect industrial output. My projection appears to be true. Premji Azmi is now ordered by the Kanpur Chief Metropolitan Magistrate, along with his employee colleagues Gaurav Nigam (engineer) and Pratik Kumar (head of Wipro's Human Resource Division), to appear before him on 29th November (Hindustan Times 24/11/2006 front-page news).
Whose turn is next? Can HRM remain silent?
Regards
From India, Delhi
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174I had drawn the attention of citehr members unsuccessfully in three different threads to the DV Act, which is likely to adversely affect industrial output. My projection appears to be true. Premji Azmi is now ordered by the Kanpur Chief Metropolitan Magistrate, along with his employee colleagues Gaurav Nigam (engineer) and Pratik Kumar (head of Wipro's Human Resource Division), to appear before him on 29th November (Hindustan Times 24/11/2006 front-page news).
Whose turn is next? Can HRM remain silent?
Regards
From India, Delhi
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Big boss is allegedly paying dating allowance. Read here what is dating allowance: http://timesofindia.indiatimes.com/a...ow/1234921.cms Regards
From India, Delhi
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From India, Delhi
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Hi Dr. Saab,
Really, it's an interesting topic!
It is absolutely wrong to pay dating allowance. Is it acceptable to female employees? We need a discussion on this topic. Please discuss and vote "for" and "against."
Regards, Sidheshwar
From India, Bangalore
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Really, it's an interesting topic!
It is absolutely wrong to pay dating allowance. Is it acceptable to female employees? We need a discussion on this topic. Please discuss and vote "for" and "against."
Regards, Sidheshwar
From India, Bangalore
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Yes, Sir,
I agree with Premji's statement. However, in some companies, there is a policy to allow the wife to accompany her husband if he is going outstation for more than 6 months. The company will bear the cost of the to-and-fro travel tickets along with accommodation rent.
It is indeed a hot topic for debate. We should discuss such topics.
Regards,
Sidheshwar
From India, Bangalore
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I agree with Premji's statement. However, in some companies, there is a policy to allow the wife to accompany her husband if he is going outstation for more than 6 months. The company will bear the cost of the to-and-fro travel tickets along with accommodation rent.
It is indeed a hot topic for debate. We should discuss such topics.
Regards,
Sidheshwar
From India, Bangalore
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Brother!
Our discussion does not involve a review of company policy. Our discussion here pertains to the ramifications of the DV Act on productivity. The Premji case is not the first and last; hundreds and thousands of such cases will come up. Tornados will not only affect families but also impact workplaces. How will HRM face this situation?
Regards
From India, Delhi
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Our discussion does not involve a review of company policy. Our discussion here pertains to the ramifications of the DV Act on productivity. The Premji case is not the first and last; hundreds and thousands of such cases will come up. Tornados will not only affect families but also impact workplaces. How will HRM face this situation?
Regards
From India, Delhi
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Saab,
HRM will be involved in this issue very soon. At the workplace, it happens, so gals may make complaints under the DV Act, and HRM will have to play an important role in solving such types of issues. Sometimes it will go to the police hands and consequently to court. We must study this ACT, and we will have to draft a company policy to prevent such cases from happening on company premises. The company may lose some important employees due to such cases, which will also affect the company's productivity.
If you have any different ideas in your mind, please write them here for debate.
Regards, Sidheshwar
From India, Bangalore
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HRM will be involved in this issue very soon. At the workplace, it happens, so gals may make complaints under the DV Act, and HRM will have to play an important role in solving such types of issues. Sometimes it will go to the police hands and consequently to court. We must study this ACT, and we will have to draft a company policy to prevent such cases from happening on company premises. The company may lose some important employees due to such cases, which will also affect the company's productivity.
If you have any different ideas in your mind, please write them here for debate.
Regards, Sidheshwar
From India, Bangalore
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Brother!
As long as this Act is in place, you cannot prepare any preventive policy. It is not a question for some, but it is a question for every man. Before every man, the question is: AUR TERA KYA HOGA RE KALIYA? Please read the definition of domestic violence which I have posted in two other threads.
Regards
From India, Delhi
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As long as this Act is in place, you cannot prepare any preventive policy. It is not a question for some, but it is a question for every man. Before every man, the question is: AUR TERA KYA HOGA RE KALIYA? Please read the definition of domestic violence which I have posted in two other threads.
Regards
From India, Delhi
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Please go through the following link too and offer the comments:
http://www.unifem.org.in/pdf/press_release_trust.pdf
From India, Delhi
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http://www.unifem.org.in/pdf/press_release_trust.pdf
From India, Delhi
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Saab,
It's not a new concept to implement and enforce laws. The main issue is that it may strain relationships. Some females are facing such problems for which this law will be helpful, but it may disturb the peace of mind of males. It will be similar to the TADA act. Anyway, we have to monitor the developments. However, I am certain that the company will need to review its policies.
Please share your thoughts.
Regards, Sidheshwar
From India, Bangalore
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It's not a new concept to implement and enforce laws. The main issue is that it may strain relationships. Some females are facing such problems for which this law will be helpful, but it may disturb the peace of mind of males. It will be similar to the TADA act. Anyway, we have to monitor the developments. However, I am certain that the company will need to review its policies.
Please share your thoughts.
Regards, Sidheshwar
From India, Bangalore
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If Raka and Shamba are hit, will it be too late for Kaliya? Brother!
What will be the percentage of false cases according to you? Are you sure that a review of the company policy will help curb the catastrophe?
Regards
From India, Delhi
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What will be the percentage of false cases according to you? Are you sure that a review of the company policy will help curb the catastrophe?
Regards
From India, Delhi
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Saab,
90% of the cases will be false. Yes, the company will be compelled to review the policy. Just wait and watch. Most of the cases will be in the Call Centre, BPO, and IT sectors. It will help the company if preventive measures are taken by reviewing the policy.
Regards
From India, Bangalore
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90% of the cases will be false. Yes, the company will be compelled to review the policy. Just wait and watch. Most of the cases will be in the Call Centre, BPO, and IT sectors. It will help the company if preventive measures are taken by reviewing the policy.
Regards
From India, Bangalore
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Brother! 90%. It is a good percentage indeed. To my intuition, any review of company policy can not contain the tide. regards
From India, Delhi
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From India, Delhi
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Brother! When fire is already set is it time to wait and watch? For me it is time to act. Right?
From India, Delhi
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From India, Delhi
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Saab, If this is the case. pls put ur querry here. Only we (u & me) will debate/discuss the issue. Pls write ur doubt.......... Regards
From India, Bangalore
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From India, Bangalore
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Hi,
I am shocked to see this practice in a reputed Indian company, though many MNCs are already practicing it. My doubt is, can a company introduce allowances for its employees without the knowledge of a CEO? Moreover, can it be done without the involvement of the HR department? And most importantly, are employees utilizing allowances genuinely?
Companies are considering dating allowances as a motivational factor, but to what extent are they right? Are they benefiting their manpower in any manner? Instead, they are spoiling the entire work culture by encouraging them. In my opinion, companies need not involve in the personal issues of their employees unless it is affecting the organizational growth. Let there be a gap between personal and professional life.
On the other hand, I am worried about the future of our Indian culture.
Regards,
Swapna
From India, Hyderabad
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I am shocked to see this practice in a reputed Indian company, though many MNCs are already practicing it. My doubt is, can a company introduce allowances for its employees without the knowledge of a CEO? Moreover, can it be done without the involvement of the HR department? And most importantly, are employees utilizing allowances genuinely?
Companies are considering dating allowances as a motivational factor, but to what extent are they right? Are they benefiting their manpower in any manner? Instead, they are spoiling the entire work culture by encouraging them. In my opinion, companies need not involve in the personal issues of their employees unless it is affecting the organizational growth. Let there be a gap between personal and professional life.
On the other hand, I am worried about the future of our Indian culture.
Regards,
Swapna
From India, Hyderabad
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Hi everybody,
Why not consider employing married couples in the same company and extending the working hours of the family as a whole? This could simplify the lives of families through the following initiatives:
- Having food courts in the workplace
- Establishing a baby care center within the premises
- Allowing mothers and fathers to visit their children every 3-4 hours for about 15-20 minutes
- Providing tutorials for children within the work premises
- Offering Yoga Centers
Implementing these and many more measures could enhance the commitment towards family, subsequently increasing emotional intelligence (EI) within the organization. The workplace should feel more like home.
Negative behaviors such as Domestic Violence (DV) Act issues and dating are often manifestations of employees' mental dissatisfaction, leading them to seek solace in other distractions. Let us embrace and showcase the rich Indian culture!
These are some immediate thoughts that came to mind, which I wanted to share with all of you!
Thanks & regards,
Perumal
From India, New Delhi
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Why not consider employing married couples in the same company and extending the working hours of the family as a whole? This could simplify the lives of families through the following initiatives:
- Having food courts in the workplace
- Establishing a baby care center within the premises
- Allowing mothers and fathers to visit their children every 3-4 hours for about 15-20 minutes
- Providing tutorials for children within the work premises
- Offering Yoga Centers
Implementing these and many more measures could enhance the commitment towards family, subsequently increasing emotional intelligence (EI) within the organization. The workplace should feel more like home.
Negative behaviors such as Domestic Violence (DV) Act issues and dating are often manifestations of employees' mental dissatisfaction, leading them to seek solace in other distractions. Let us embrace and showcase the rich Indian culture!
These are some immediate thoughts that came to mind, which I wanted to share with all of you!
Thanks & regards,
Perumal
From India, New Delhi
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Hi Perumal,
Your inputs are really nice, and I believe they will be beneficial in the future. I also support the idea of hiring the couple, but I suggest placing them in different departments within the same premises. It is important that the couple does not have a hierarchical reporting relationship, meaning one should not be junior or senior to the other.
We need more comments from additional participants. Please join in.
Regards,
Sidheshwar
From India, Bangalore
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Your inputs are really nice, and I believe they will be beneficial in the future. I also support the idea of hiring the couple, but I suggest placing them in different departments within the same premises. It is important that the couple does not have a hierarchical reporting relationship, meaning one should not be junior or senior to the other.
We need more comments from additional participants. Please join in.
Regards,
Sidheshwar
From India, Bangalore
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Dear All,
This is a concerning complaint. An employee may utilize the dating allowance to take out their wife, sister, or even mother for dinner, etc. Similarly, an employee could potentially misuse the House Rent Allowance (HRA) to accommodate their girlfriend or use the Medical Allowance to pay the bills of their partner. In such scenarios, would the Domestic Violence Act apply once again?
In India, various possibilities exist.
Best Regards,
Govind
Coach & HR Consultant
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This is a concerning complaint. An employee may utilize the dating allowance to take out their wife, sister, or even mother for dinner, etc. Similarly, an employee could potentially misuse the House Rent Allowance (HRA) to accommodate their girlfriend or use the Medical Allowance to pay the bills of their partner. In such scenarios, would the Domestic Violence Act apply once again?
In India, various possibilities exist.
Best Regards,
Govind
Coach & HR Consultant
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Hi Govind,
Are you an HR Consultant? I have doubts about your profession. Consultants never speak bluntly the way you have written here. You are supposed to come with suggestions only. Are all Indian lawmakers mad?
There is a Hindi proverb that says, "Dhunwa uthata hai means jarur kahi aag lagi hogi!"
Brother, think a thousand times before blaming Indians.
Note: Please comment on my blunt reply.
Regards,
Sidheshwar
From India, Bangalore
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Are you an HR Consultant? I have doubts about your profession. Consultants never speak bluntly the way you have written here. You are supposed to come with suggestions only. Are all Indian lawmakers mad?
There is a Hindi proverb that says, "Dhunwa uthata hai means jarur kahi aag lagi hogi!"
Brother, think a thousand times before blaming Indians.
Note: Please comment on my blunt reply.
Regards,
Sidheshwar
From India, Bangalore
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My Dear Sid Wait for two weeks and see what happens. Best Regards Govind Coach & HR Consultant
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Dear Govind,
We expect more from you than from others. Please come with your expertise and focus to remove our darkness. I will wait every day for your contribution. I request you to provide valuable inputs to us.
NO NEED of WAITING.
Regards,
Sidheshwar
From India, Bangalore
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We expect more from you than from others. Please come with your expertise and focus to remove our darkness. I will wait every day for your contribution. I request you to provide valuable inputs to us.
NO NEED of WAITING.
Regards,
Sidheshwar
From India, Bangalore
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Dear all,
I am surprised to see the news article below about dating allowance.
"Believed to be an essential addition in times of long, stressful work hours, a dating allowance is typically aimed at promoting interpersonal communication and possible nuptials within the office."
I don't see any reason to conclude that interpersonal communication skills improve through dating. Rather, I must call it nonsense. One needs to remember and make an effort to protect our culture despite working for multinational companies. There is no valid reason for introducing this kind of allowance.
If the idea is to reduce employee stress, it could be entertainment or some other enjoyable program, not dating.
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I am surprised to see the news article below about dating allowance.
"Believed to be an essential addition in times of long, stressful work hours, a dating allowance is typically aimed at promoting interpersonal communication and possible nuptials within the office."
I don't see any reason to conclude that interpersonal communication skills improve through dating. Rather, I must call it nonsense. One needs to remember and make an effort to protect our culture despite working for multinational companies. There is no valid reason for introducing this kind of allowance.
If the idea is to reduce employee stress, it could be entertainment or some other enjoyable program, not dating.
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I believe in one thing. We face so many things in our life, but don't let everything happen to us. The fact is that if we do something, then we are only responsible unless someone forces you to do something where the decision taken is not yours but has become so because you have been convinced to do it. People have affairs even without the allowances. By nature, we like to blame others for our faults. Well, even I do. 😄 Open for further discussion...
Regards,
Asha
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Regards,
Asha
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On the issue of dating allowence i have started a separate thread in "organisation development" forum itself. So let us focus on only remification of DV Act here. The definition of doemestic violence is given below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards
From India, Delhi
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"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards
From India, Delhi
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Having worked with Wipro during my summer internship and having been exposed to their employee manual, I can categorically state that Wipro does not give its employees a dating allowance. In fact, they don't even reimburse liquor, cigarette, or guest bills of employees during any outstation travel.
There are, however, other organizations that do have a dating allowance.
From India, New Delhi
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There are, however, other organizations that do have a dating allowance.
From India, New Delhi
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Hi All,
It's a cheap trick. What's next after dating allowance? It might spoil the personal life of an employee, ultimately affecting the company. Members, please share your views on this. Say yes or no with a reasonable reason.
Regards,
Somu Shekar
From India, Bangalore
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It's a cheap trick. What's next after dating allowance? It might spoil the personal life of an employee, ultimately affecting the company. Members, please share your views on this. Say yes or no with a reasonable reason.
Regards,
Somu Shekar
From India, Bangalore
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Dear Govind,
Are you an HR Consultant? I have doubts about your profession. A consultant should never speak bluntly as you have done here. Your role is to provide suggestions only. Are all Indian law makers mad?
There is a Hindi proverb, "Dhunwa uthata hai" which means there must be a fire somewhere.
Brother, think a thousand times before blaming Indians.
Regards,
Sidheshwar
Dear friends,
This is the issue at hand. Hundreds and thousands will be embroiled in false cases. What will happen to productivity? Will our HRM acumen not be turned upside down? Let us discuss.
For the dating issue, let's move to the other thread.
Regards
From India, Delhi
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Are you an HR Consultant? I have doubts about your profession. A consultant should never speak bluntly as you have done here. Your role is to provide suggestions only. Are all Indian law makers mad?
There is a Hindi proverb, "Dhunwa uthata hai" which means there must be a fire somewhere.
Brother, think a thousand times before blaming Indians.
Regards,
Sidheshwar
Dear friends,
This is the issue at hand. Hundreds and thousands will be embroiled in false cases. What will happen to productivity? Will our HRM acumen not be turned upside down? Let us discuss.
For the dating issue, let's move to the other thread.
Regards
From India, Delhi
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Is Gaurav Nigam beaten by his wife? Please visit the following site: [url]http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMDYvMTEvMjYjQXIwMTQwMw==&am p;Mode=HTML&Locale=english-skin-custom
Regards
From India, Delhi
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Regards
From India, Delhi
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Please confirm
Publication:Times Of India Delhi; Date:Nov 26, 2006; Section:Times
Nation; Page Number:14
Was Wipro staffer beaten by wife?
K R Sreenivas & Mini Joseph | TNN
Bangalore: Gaurav Nigam, a Wipro employee whose wife has sued company chairman
Azim Premji for providing a ‘dating allowance’, took a curious turn on Saturday
when Gaurav accused his wife, Tripti, of beating him.
Backed by NGOs — Asha Kiran and Save Indian Family Foundation, Gaurav who
spoke to TOI on phone from Delhi said he wasn’t paid any dating allowance and
she was dragging Wipro chairman’s name just to ‘‘harass me’’.
Gaurav (32) has been working for Wipro for the last six years as technical
consultant. He has now taken a temporary transfer to the Gurgaon office of Wipro
to fight legal battles. Gaurav alleged his wife used to hit him after arguments
over petty issue. ‘‘She would pressurise me to transfer the ownership of the
Sarjapur Road house and the car into her name and when I would refuse, she would
beat me,’’ he said.
Gaurav alleged Tripti filed a case against him and his family stating that
they had gone to her Kanpur house to kill her, but he could prove with documents
that Tripti was in Bangalore as she had a phone connection installed on that
day. Based on that complaint, the police had arrested his parents, but later he
filed a case in the court and got them released.
From India, Delhi
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Publication:Times Of India Delhi; Date:Nov 26, 2006; Section:Times
Nation; Page Number:14
Was Wipro staffer beaten by wife?
K R Sreenivas & Mini Joseph | TNN
Bangalore: Gaurav Nigam, a Wipro employee whose wife has sued company chairman
Azim Premji for providing a ‘dating allowance’, took a curious turn on Saturday
when Gaurav accused his wife, Tripti, of beating him.
Backed by NGOs — Asha Kiran and Save Indian Family Foundation, Gaurav who
spoke to TOI on phone from Delhi said he wasn’t paid any dating allowance and
she was dragging Wipro chairman’s name just to ‘‘harass me’’.
Gaurav (32) has been working for Wipro for the last six years as technical
consultant. He has now taken a temporary transfer to the Gurgaon office of Wipro
to fight legal battles. Gaurav alleged his wife used to hit him after arguments
over petty issue. ‘‘She would pressurise me to transfer the ownership of the
Sarjapur Road house and the car into her name and when I would refuse, she would
beat me,’’ he said.
Gaurav alleged Tripti filed a case against him and his family stating that
they had gone to her Kanpur house to kill her, but he could prove with documents
that Tripti was in Bangalore as she had a phone connection installed on that
day. Based on that complaint, the police had arrested his parents, but later he
filed a case in the court and got them released.
From India, Delhi
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This is the right time to take this issue seriously. This clearly shows how much the FAMILY LAWS have been made dangerous to ruin personal and professional lives.
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Exactly. All our hitherto HRM acumen is going to be topsy-turvy.
Visit the following related site:
http://timesofindia.indiatimes.com/N...how/573891.cms
Regards
From India, Delhi
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Visit the following related site:
http://timesofindia.indiatimes.com/N...how/573891.cms
Regards
From India, Delhi
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The point here is:
They had been living separately for approximately 1.5 years. The boy says he was beaten by the girl several times. The girl claims, "Dating allowance" is the reason for the marriage to go sour.
The personal life issues (we do not know who is right or wrong, and as professionals, we should not be concerned about it) are dangerously interfering in the professional lives of others. The law is being misused to settle personal scores.
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They had been living separately for approximately 1.5 years. The boy says he was beaten by the girl several times. The girl claims, "Dating allowance" is the reason for the marriage to go sour.
The personal life issues (we do not know who is right or wrong, and as professionals, we should not be concerned about it) are dangerously interfering in the professional lives of others. The law is being misused to settle personal scores.
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The point here is: They had been living separately for ~1.5 years. The boy says he was beaten by the girl several times. The girl claims, "Dating allowance" is the reason for the marriage to go sour. The personal life issues (we do not know who is right or wrong, and as professionals, we should not be concerned about it) are dangerously interfering with the professional lives of others. The LAW is being misused to settle personal scores.
Brother! You have slightly reverted back. It is not the question of an individual issue. It is a question of a general issue. The invisible fire is going to burn all workplaces into ashes. There is no time to wait and watch. It is time to act, and that too at FIRE FIGHTERS' speed.
Regards
From India, Delhi
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Brother! You have slightly reverted back. It is not the question of an individual issue. It is a question of a general issue. The invisible fire is going to burn all workplaces into ashes. There is no time to wait and watch. It is time to act, and that too at FIRE FIGHTERS' speed.
Regards
From India, Delhi
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Following this thread:
Some of you must have read in the press that Wipro chief Azim Premji got sued in the latest spate of 498A cases:
- A female filed a 498A on her husband (who was employed by Wipro) and named Wipro Chief in her complaint alleging Wipro broke her family.
Premji has denied that any dating allowance is ever paid by Wipro.
Now the story seems to be a bit different when narrated by the husband:
- Was Wipro staffer beaten by wife?
- I was beaten by my wife: Wipro man.
or
- beatenstaffer.notlong.com
So, this turns out to be NOTHING BUT PURE BLACKMAIL FROM THE WIFE. An ICON figure, a star performer in the Indian software Industry, and an Indian who made India Proud around the globe has been sullied by an irate wife! Is this where India is heading to? Is this the gender equality we are all waiting for? 498A is ONE OF THE MOST MISUSED sections of Law. Why are we NOT SCRAPPING THIS LAW TOTALLY from the Law books? What will the developed world think of us? Is this Democracy, or is it YOUNG WIVES GONE CRAZY?
Regards,
Vinayak
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Some of you must have read in the press that Wipro chief Azim Premji got sued in the latest spate of 498A cases:
- A female filed a 498A on her husband (who was employed by Wipro) and named Wipro Chief in her complaint alleging Wipro broke her family.
Premji has denied that any dating allowance is ever paid by Wipro.
Now the story seems to be a bit different when narrated by the husband:
- Was Wipro staffer beaten by wife?
- I was beaten by my wife: Wipro man.
or
- beatenstaffer.notlong.com
So, this turns out to be NOTHING BUT PURE BLACKMAIL FROM THE WIFE. An ICON figure, a star performer in the Indian software Industry, and an Indian who made India Proud around the globe has been sullied by an irate wife! Is this where India is heading to? Is this the gender equality we are all waiting for? 498A is ONE OF THE MOST MISUSED sections of Law. Why are we NOT SCRAPPING THIS LAW TOTALLY from the Law books? What will the developed world think of us? Is this Democracy, or is it YOUNG WIVES GONE CRAZY?
Regards,
Vinayak
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A democracy is based on checks and balances. That is considered the inherent strength of democracy. Checks and balances should be in place to ensure that power is not concentrated just in one section of society.
However, right from the oldest democracies, there have been instances when the society or lawmakers have overlooked, forgotten, or missed these checks and balances.
The so-called Domestic Violence Act (and the TADA and POTA and erstwhile "emergency" and "MISA" acts) were situations when the Indian democracy failed in maintaining checks and balances.
The result is here to see.
While ordinary victims of these attacks are themselves maligned and sullied in public, one can only imagine how badly a company like WIPRO - an Indian jewel, has been hit by bad reporting in the Indian Press.
I've seen almost 30+ reports connecting WIPRO with a nonexistent dating allowance!!!
Now one more has emerged showing a man (is he also from the IT sector???) in a compromising posture!!!
What do these people - especially the ones who file false complaints - wish to achieve?
I suppose they are after notoriety, and they feel emboldened by the fact that false 498A cases are hardly punished.
I strongly suggest that the various High Courts levy exemplary punishments on those who file false 498A complaints so that no one will dare to misuse the law with oblique motives.
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However, right from the oldest democracies, there have been instances when the society or lawmakers have overlooked, forgotten, or missed these checks and balances.
The so-called Domestic Violence Act (and the TADA and POTA and erstwhile "emergency" and "MISA" acts) were situations when the Indian democracy failed in maintaining checks and balances.
The result is here to see.
While ordinary victims of these attacks are themselves maligned and sullied in public, one can only imagine how badly a company like WIPRO - an Indian jewel, has been hit by bad reporting in the Indian Press.
I've seen almost 30+ reports connecting WIPRO with a nonexistent dating allowance!!!
Now one more has emerged showing a man (is he also from the IT sector???) in a compromising posture!!!
What do these people - especially the ones who file false complaints - wish to achieve?
I suppose they are after notoriety, and they feel emboldened by the fact that false 498A cases are hardly punished.
I strongly suggest that the various High Courts levy exemplary punishments on those who file false 498A complaints so that no one will dare to misuse the law with oblique motives.
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Domestic Violence Act would soon prove that its ramifications are not confined to the four walls of our domestic lives. Though it has only started a creepy crawl into the Indian Corporates, the effects aren't difficult to predict.
HR should look at the set of employees who are already undergoing hardships because of false dowry harassment cases against them, and it would realize that their 'high-stress levels' are proving to be 'productivity inhibitors' for them. Though some employees might be able to give in their best without allowing their personal matters to interfere in professional contributions, it cannot be denied that some negative effect on productivity is bound to be there.
Domestic Violence Act has only added fuel to an already smoldering fire. It is only a matter of time before we see this raging fire wanting to engulf the Corporates.
And the reason for this fire is completely against the rules of HR.
Benefits of education are said to be always positive. But there are some minds which tend to develop otherwise; they develop a capacity to function negatively. Such minds find ways to take advantage of other people's goodness; they are the 'wrongly empowered minds'. And such minds have surely drawn benefits by using a deadly weapon, 'misuse of Law'. It would be fit to call such people 'misusers of law'.
Domestic Violence Act has given an additional leverage to the already existing leverage women enjoyed in India, especially the married ones. And if HR doesn't take cognizance of this issue now, it sure would face an alarmingly growing number of stressful employees to tackle, with productivity taking a beating.
Regards,
Katyayani
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HR should look at the set of employees who are already undergoing hardships because of false dowry harassment cases against them, and it would realize that their 'high-stress levels' are proving to be 'productivity inhibitors' for them. Though some employees might be able to give in their best without allowing their personal matters to interfere in professional contributions, it cannot be denied that some negative effect on productivity is bound to be there.
Domestic Violence Act has only added fuel to an already smoldering fire. It is only a matter of time before we see this raging fire wanting to engulf the Corporates.
And the reason for this fire is completely against the rules of HR.
Benefits of education are said to be always positive. But there are some minds which tend to develop otherwise; they develop a capacity to function negatively. Such minds find ways to take advantage of other people's goodness; they are the 'wrongly empowered minds'. And such minds have surely drawn benefits by using a deadly weapon, 'misuse of Law'. It would be fit to call such people 'misusers of law'.
Domestic Violence Act has given an additional leverage to the already existing leverage women enjoyed in India, especially the married ones. And if HR doesn't take cognizance of this issue now, it sure would face an alarmingly growing number of stressful employees to tackle, with productivity taking a beating.
Regards,
Katyayani
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One thing I did not understand: How come Wipro, i.e., Premaji got summoned under the DV act? The DV act is applicable for households only, i.e., domestic violence. Or is it a misuse of this DV act? Can anybody update me about the DV act?
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Questions to Renuka Chowdhury
Q.1 We all are aware that 498A is rampantly misused. Instead of solving that problem, you have introduced DV bill. Why? Are you not worried about innocent families being legally terrorized?
Q.2 Men too are victims of domestic violence. Then why have you not provided legal protection to men under Domestic Violence Bill?
Q.3 You gave a statement on national television saying, “It is men’s turn to suffer”. Is that true? If you did, what do you mean by that?
Q.4 Do you agree that verbal or emotional abuse in Domestic Violence bill is a subjective and relative term? How will you make sure that using these clauses, women will not misuse this law?
Q.5 Domestic Violence Bill is applicable in live-in relationship, too. Do you have any statistics showing that women who are into live-in relationships are victims of domestic violence? It is unlikely that rural women will ever be in a live-in relationship.
Q.6 When we already have anti-dowry law 498A, then why have you incorporated the clause of dowry harassment in Domestic Violence Bill also?
Q.7 One clause says that if a woman does not have a legal title over the man’s property, if she has some interest, she can demand the property legally using domestic violence bill. Don’t you think this clause is violating men’s right?
Q.8 A clauses says that if a man ridicules, humiliates or abuses the woman sexually or violates the dignity of the woman, he is subjecting the woman of domestic violence. How would you define dignity? Dignity is not gender-specific. It is the quality of character, values and behaviour of a person irrespective of the gender. Are you saying that men have no dignity?
Q.9 Even if the assets, bank account/locker solely belongs to the husband, the woman has the rights to demand from the man legally according to domestic violence bill. Are you not trying to legalize extortion for women through this bill?
Q.10 Domestic violence bill also includes economic abuse. If a woman is asking something in monetary terms that the man can’t afford, do you think that the man should be imprisoned for this?
Q.11 You are requesting the Government to sensitize the police officer toward women in handling domestic violence cases. Do you want the police officer arrest the accused if they find the case to be fabricated?
Q.12 The clauses in Domestic Violence bill says that after the marriage or live-in relationship ends, the husband must provide alternative accommodation or pay the rent to the woman. According to the Hindu marriage, bigamy is a punishable offense. But live-in relationship that has no legal standing, a woman can have a number live-in relationship at the same time. What do you have to say about it? Are you not providing an opportunity to women to use domestic violence bill to extract property of the man legally?
Q.13 Domestic Violence Bill has established a price to emotional distress and mental torture and ordering the man to pay to the woman as compensation. Do you think those women who are not actually mentally tortured will never want to make quick money out of this clause? Why?
Q.14 You have already included live-in relationship in Domestic Violence Bill. What will be the responsibility of the woman to prove that she did had a live-in relationship with a man? What if the relationship never existed?
Q.15 The bill says that the woman has the right to ask the Protection officer to restrain the family members of the man to come and live together or even visit the house. Is this not violating the fundamental rights of the family members of the man? If not, how?
Q.16 The bill also says that the woman has the right to ask the protection officer to direct the man to leave the house. Is this not violating the rights of men? Even if the house legally belongs to the man, he is kicked out of his own house. Is this how you like to protect women?
Q.17 One clause says that after the complaint is registered, the man will have no right to communicate with the woman in any ways. If a person is arrested, the police will provide the person the right to contact anybody. And here you don’t want the man to contact the woman at all. What are you trying to do?
Q.18 The clause says that even after the live-in relationship has ended; the man can’t evict the woman from his own legally possessed house. Are you saying that even after live-in relationship ends, the man is liable to provide the woman? When the live-in relationship is not legally recognized, then how can you constrain men’s fundamental rights?
Q.19 The clause says that even if the live-in relationship existed in any point of time ever in the past, the woman has the rights to complain against the man for domestic violence. This way the woman is given a way to take revenge and extort money legally from the man whom she had a live-in relationship in the past. What do you have to say about this?
Q.20 The clause says that upon the sole testimony of the woman, the court can conclude that domestic violence was committed by the accused. That means the accused is guilty until proven innocent, and the woman need not prove her allegations. Do you think that this approach is as per the legal principles? Are you not taking away the constitutional rights of men? How? This way the bill will be misused just like 498A. What do you think about this?
Q.21 You know 498A is massively misused. You also know that Domestic Violence Bill will also be misused. What do you want to do? Is this how women can be protected by taking away all constitutional rights of men?
Q.22 You said that this bill is only to protect women from domestic violence. But the bill can easily break millions of families. Is this what you want?
Q.23 Many families, lawyers, NGOs all over the country are objecting on the way the bill is drafted. You don’t seem to be worried at all. Do you think their objection is baseless? Are you going to ignore them like you are doing in case of 498A?
Q.24 After all this, do you think you deserve to be the Minister of Women and Child Development? When you have introduced draconian laws like DV Bill and have not amended 498A, you don’t have any rights to ruin Indian family. What do you have to say?
Q.25 Are you not going to step down from the ministry for destroying Indian families and marriage? Why not?
From India, Mumbai
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Q.1 We all are aware that 498A is rampantly misused. Instead of solving that problem, you have introduced DV bill. Why? Are you not worried about innocent families being legally terrorized?
Q.2 Men too are victims of domestic violence. Then why have you not provided legal protection to men under Domestic Violence Bill?
Q.3 You gave a statement on national television saying, “It is men’s turn to suffer”. Is that true? If you did, what do you mean by that?
Q.4 Do you agree that verbal or emotional abuse in Domestic Violence bill is a subjective and relative term? How will you make sure that using these clauses, women will not misuse this law?
Q.5 Domestic Violence Bill is applicable in live-in relationship, too. Do you have any statistics showing that women who are into live-in relationships are victims of domestic violence? It is unlikely that rural women will ever be in a live-in relationship.
Q.6 When we already have anti-dowry law 498A, then why have you incorporated the clause of dowry harassment in Domestic Violence Bill also?
Q.7 One clause says that if a woman does not have a legal title over the man’s property, if she has some interest, she can demand the property legally using domestic violence bill. Don’t you think this clause is violating men’s right?
Q.8 A clauses says that if a man ridicules, humiliates or abuses the woman sexually or violates the dignity of the woman, he is subjecting the woman of domestic violence. How would you define dignity? Dignity is not gender-specific. It is the quality of character, values and behaviour of a person irrespective of the gender. Are you saying that men have no dignity?
Q.9 Even if the assets, bank account/locker solely belongs to the husband, the woman has the rights to demand from the man legally according to domestic violence bill. Are you not trying to legalize extortion for women through this bill?
Q.10 Domestic violence bill also includes economic abuse. If a woman is asking something in monetary terms that the man can’t afford, do you think that the man should be imprisoned for this?
Q.11 You are requesting the Government to sensitize the police officer toward women in handling domestic violence cases. Do you want the police officer arrest the accused if they find the case to be fabricated?
Q.12 The clauses in Domestic Violence bill says that after the marriage or live-in relationship ends, the husband must provide alternative accommodation or pay the rent to the woman. According to the Hindu marriage, bigamy is a punishable offense. But live-in relationship that has no legal standing, a woman can have a number live-in relationship at the same time. What do you have to say about it? Are you not providing an opportunity to women to use domestic violence bill to extract property of the man legally?
Q.13 Domestic Violence Bill has established a price to emotional distress and mental torture and ordering the man to pay to the woman as compensation. Do you think those women who are not actually mentally tortured will never want to make quick money out of this clause? Why?
Q.14 You have already included live-in relationship in Domestic Violence Bill. What will be the responsibility of the woman to prove that she did had a live-in relationship with a man? What if the relationship never existed?
Q.15 The bill says that the woman has the right to ask the Protection officer to restrain the family members of the man to come and live together or even visit the house. Is this not violating the fundamental rights of the family members of the man? If not, how?
Q.16 The bill also says that the woman has the right to ask the protection officer to direct the man to leave the house. Is this not violating the rights of men? Even if the house legally belongs to the man, he is kicked out of his own house. Is this how you like to protect women?
Q.17 One clause says that after the complaint is registered, the man will have no right to communicate with the woman in any ways. If a person is arrested, the police will provide the person the right to contact anybody. And here you don’t want the man to contact the woman at all. What are you trying to do?
Q.18 The clause says that even after the live-in relationship has ended; the man can’t evict the woman from his own legally possessed house. Are you saying that even after live-in relationship ends, the man is liable to provide the woman? When the live-in relationship is not legally recognized, then how can you constrain men’s fundamental rights?
Q.19 The clause says that even if the live-in relationship existed in any point of time ever in the past, the woman has the rights to complain against the man for domestic violence. This way the woman is given a way to take revenge and extort money legally from the man whom she had a live-in relationship in the past. What do you have to say about this?
Q.20 The clause says that upon the sole testimony of the woman, the court can conclude that domestic violence was committed by the accused. That means the accused is guilty until proven innocent, and the woman need not prove her allegations. Do you think that this approach is as per the legal principles? Are you not taking away the constitutional rights of men? How? This way the bill will be misused just like 498A. What do you think about this?
Q.21 You know 498A is massively misused. You also know that Domestic Violence Bill will also be misused. What do you want to do? Is this how women can be protected by taking away all constitutional rights of men?
Q.22 You said that this bill is only to protect women from domestic violence. But the bill can easily break millions of families. Is this what you want?
Q.23 Many families, lawyers, NGOs all over the country are objecting on the way the bill is drafted. You don’t seem to be worried at all. Do you think their objection is baseless? Are you going to ignore them like you are doing in case of 498A?
Q.24 After all this, do you think you deserve to be the Minister of Women and Child Development? When you have introduced draconian laws like DV Bill and have not amended 498A, you don’t have any rights to ruin Indian family. What do you have to say?
Q.25 Are you not going to step down from the ministry for destroying Indian families and marriage? Why not?
From India, Mumbai
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Dear brother Sandipani,
Please find the definition and application if domestic violence below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards"
regards
From India, Delhi
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Please find the definition and application if domestic violence below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards"
regards
From India, Delhi
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Domestic Violence Bill came into effect on 26th October 2006. Some call this Doomsday. Even before one month of its existence, there are already incidents coming to the surface proving the claims of people about the way this bill will be heavily misused. There was already desperate apprehension in the society about this bill, which has not yet been documented by the press media for they have the agenda of appeasing women’s group. Quite obvious.
The victim, obviously not the first and the last victim, is none other than the charismatic Azim Premji, the chairman of Wipro Ltd, who was once the richest man in the country. The way he is falsely implicated under the provision of heavily biased DV Act is as incredible as it gets. Gaurav Nigam, working in Wipro Technologies as a software engineer, is the main accused. His wife, Tripti Nigam, alleges that her husband’s behaviour has changed toward her since he started getting dating allowance from the company. She has alleged that because of the dating allowance, her husband was keeping away from her. For this, she has dragged Wipro chairman Azim Premji and the HRD Head Pratik Kumar as responsible for her husband’s change of behaviour.
Surprisingly, Wipro Ltd has absolutely no such dating allowance given to their employees. They have categorically stated that they don’t have a dating allowance in any form for the employees. So what could be the reason, or should we call, the intention of this Tripti Nigam to drag the company into her personal affairs?
It is pretty understandable that a company as big as Wipro and the chairman so respected and reputed like Azim Premji, any woman would be tempted to use the biased provisions in DV Act to blackmail and extort very large sum of money from Azim Premji.
On this, it would be worth to hear the justification of Renuka Chowdhury who once said, “Good husband will not be harmed” and also “It is not a bad idea if men suffer.” Yes, both the statements are contradictory. This is our Honorable Minister of Women and Child Development of our Country. If Renuka is asked the definition of “Good Husband”, she would not hesitate to say, “Husband who lives like a slave to his wife is a good husband, and so he should not worry at all.” And she will say it smoothly with a little wicked smile on her face.
Tripti observed from her own questionable perception that her husband Gaurav Nigam’s behaviour has changed. Perhaps Gaurav Nigam was way too loving, affectionate, caring and ever ready to fulfill all his wife’s wishes, and when he very slightly deviated from the code of conduct as prescribed by Tripti, she couldn’t wait to test the power of DV Act. She can definitely screw the innocent Gaurav legally, but she seemed to be so greedy that she thought that, “Why not test the power of DV Act on Wipro’s chairman.”
Anyways, the claims of millions of people about Domestic Violence Act are proving right. This Bill will definitely get misused on a massive scale. This Bill is of course enacted exclusively to be misused by women against their vulnerable and defenseless men. If Tripti Nigam goes scot-free after trying to defame Azim Premji and Wipro, then many Tripti will be induced to test the power of DV Act against a little lesser influential man. In short, punish this Tripti Nigam and set an example that will deter other Tripti Nigam to legally harass innocent men. Predictably, press media will continue to prove their loyalty toward women’s group.
New developments have taken place now. Gaurav Nigam said in the press Conference organized by Asha Kiran and Save Indian Family Foundation that he was beaten up by his wife on several occasions. The motive he says was Tripti wanted him to transfer the ownership of the house and car on her name. It seems that Tripti thought that if Gaurav is not willing to transfer the house and car on her name even after beaten him up so violently, why not test the power of DV Act on him and in-laws? After all, she knows that when a woman files a complaint against a man, she is legally not responsible to prove her allegations.
Now her statement has obviously changed since people are no longer jumping to conclusions when a woman files a complaint. Now she says that she contacted Azim Premji to seek guidance on how to force Gaurav to transfer the house and car on her name. Azim Premji thought it would be appropriate to allow the couple to sort out their own problems. Obviously, why would the company, irrespective of its size, intervene in their employee’s marriage dispute? Tripti lost her temper saying how dare he (Azim) dismiss my issue? She and her lawyer cooked up a deceptive plot to drag Azim and Wipro into DV Act not realizing that they will publicly condemned for filing a false DV case.
Now Tripti is trying to cut her loses. She is saying that she doesn’t want to deprive her child the affection and care of his father Gaurav and she wants her husband back. Gaurav was already falsely accused under dowry harassment case IPC 498A and now under DV Act. And when Tripti is realizing that her ways of torturing her husband is backfiring, she now decides to reconcile. Maybe her lawyer must have suggested that after this false DV case is settled and Gaurav comes back and lives a regular life with Tripti, she can plan for another false complaint of IPC 498A and DV Act on her Gaurav without naming anybody else. And then she might be in a position to legally extort the house and car she always wanted, which apparently is more important to her than the father to a child.
Renuka Chowdury once said, “If men suffer, they should speak up.” It seems that Renuka is regretting over her statement. Now men are really breaking their silence and complaining against their wife over domestic violence.
It was long overdue. Men must speak up if they are harassed by their wife.
From India, Mumbai
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The victim, obviously not the first and the last victim, is none other than the charismatic Azim Premji, the chairman of Wipro Ltd, who was once the richest man in the country. The way he is falsely implicated under the provision of heavily biased DV Act is as incredible as it gets. Gaurav Nigam, working in Wipro Technologies as a software engineer, is the main accused. His wife, Tripti Nigam, alleges that her husband’s behaviour has changed toward her since he started getting dating allowance from the company. She has alleged that because of the dating allowance, her husband was keeping away from her. For this, she has dragged Wipro chairman Azim Premji and the HRD Head Pratik Kumar as responsible for her husband’s change of behaviour.
Surprisingly, Wipro Ltd has absolutely no such dating allowance given to their employees. They have categorically stated that they don’t have a dating allowance in any form for the employees. So what could be the reason, or should we call, the intention of this Tripti Nigam to drag the company into her personal affairs?
It is pretty understandable that a company as big as Wipro and the chairman so respected and reputed like Azim Premji, any woman would be tempted to use the biased provisions in DV Act to blackmail and extort very large sum of money from Azim Premji.
On this, it would be worth to hear the justification of Renuka Chowdhury who once said, “Good husband will not be harmed” and also “It is not a bad idea if men suffer.” Yes, both the statements are contradictory. This is our Honorable Minister of Women and Child Development of our Country. If Renuka is asked the definition of “Good Husband”, she would not hesitate to say, “Husband who lives like a slave to his wife is a good husband, and so he should not worry at all.” And she will say it smoothly with a little wicked smile on her face.
Tripti observed from her own questionable perception that her husband Gaurav Nigam’s behaviour has changed. Perhaps Gaurav Nigam was way too loving, affectionate, caring and ever ready to fulfill all his wife’s wishes, and when he very slightly deviated from the code of conduct as prescribed by Tripti, she couldn’t wait to test the power of DV Act. She can definitely screw the innocent Gaurav legally, but she seemed to be so greedy that she thought that, “Why not test the power of DV Act on Wipro’s chairman.”
Anyways, the claims of millions of people about Domestic Violence Act are proving right. This Bill will definitely get misused on a massive scale. This Bill is of course enacted exclusively to be misused by women against their vulnerable and defenseless men. If Tripti Nigam goes scot-free after trying to defame Azim Premji and Wipro, then many Tripti will be induced to test the power of DV Act against a little lesser influential man. In short, punish this Tripti Nigam and set an example that will deter other Tripti Nigam to legally harass innocent men. Predictably, press media will continue to prove their loyalty toward women’s group.
New developments have taken place now. Gaurav Nigam said in the press Conference organized by Asha Kiran and Save Indian Family Foundation that he was beaten up by his wife on several occasions. The motive he says was Tripti wanted him to transfer the ownership of the house and car on her name. It seems that Tripti thought that if Gaurav is not willing to transfer the house and car on her name even after beaten him up so violently, why not test the power of DV Act on him and in-laws? After all, she knows that when a woman files a complaint against a man, she is legally not responsible to prove her allegations.
Now her statement has obviously changed since people are no longer jumping to conclusions when a woman files a complaint. Now she says that she contacted Azim Premji to seek guidance on how to force Gaurav to transfer the house and car on her name. Azim Premji thought it would be appropriate to allow the couple to sort out their own problems. Obviously, why would the company, irrespective of its size, intervene in their employee’s marriage dispute? Tripti lost her temper saying how dare he (Azim) dismiss my issue? She and her lawyer cooked up a deceptive plot to drag Azim and Wipro into DV Act not realizing that they will publicly condemned for filing a false DV case.
Now Tripti is trying to cut her loses. She is saying that she doesn’t want to deprive her child the affection and care of his father Gaurav and she wants her husband back. Gaurav was already falsely accused under dowry harassment case IPC 498A and now under DV Act. And when Tripti is realizing that her ways of torturing her husband is backfiring, she now decides to reconcile. Maybe her lawyer must have suggested that after this false DV case is settled and Gaurav comes back and lives a regular life with Tripti, she can plan for another false complaint of IPC 498A and DV Act on her Gaurav without naming anybody else. And then she might be in a position to legally extort the house and car she always wanted, which apparently is more important to her than the father to a child.
Renuka Chowdury once said, “If men suffer, they should speak up.” It seems that Renuka is regretting over her statement. Now men are really breaking their silence and complaining against their wife over domestic violence.
It was long overdue. Men must speak up if they are harassed by their wife.
From India, Mumbai
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Once they are in to rolls how can u control them not to be jr. and sr. tp each other. This is something which is not practically possible.
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Great writeup Rebel HR guys here might not have given consideration to this issue yet. But, this is going to be a biggest hurdle for them in immediate future. Wake up guys
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This false case is crystal clear. Let me enumerate the sequence.
1) Tripti physically and emotionally tortured her husband Gaurav because she wanted the house and the car in her own name. Gaurav didn't react.
2) Tripti filed a false dowry harassment case on Gaurav and her in-laws. Gaurav, his mother, and sister were arrested. They got bail later.
3) Tripti knew that Gaurav is still not reacting because he is earning well in a reputed company. The lawyer told Tripti, "If Gaurav realizes that his employment is in danger, then he will agree to your terms."
4) Tripti consulted her lawyer and came up with a new idea. Accusing her husband of adultery or office romance to get maximum mileage for her case, she thought, why not drag Azim Premji into the DV act net.
5) Tripti said that she met the company people to talk about Gaurav's behavior, and she said the company dismissed her complaint. It is still not known whether she actually went and met them or is just fooling around. There is no statement from Wipro on this.
6) Tripti, on the suggestion of her lawyer, filed a DV act against her husband and Azim Premji for having a dating allowance which led to her marriage problem.
7) Tripti didn't realize that there is no dating allowance in Wipro.
8) Tripti also didn't realize that there are few organizations that will come forward and give an opportunity to Gaurav to express his side of the story.
9) Gaurav reveals the truth and exposes Tripti's plan.
10) Tripti is now desperate to recover her lost ground. She wants Gaurav back in her life for their child.
11) Gaurav was falsely implicated under 498A with a false complaint from his wife, and now she also tried to ruin his career using the DV Act. After so much legal torture, who would want to live with this kind of woman?
12) However, it is important to note that after divorce, Gaurav will have to comply with the CrPC 125 maintenance provision. He will have to pay maintenance and alimony to Tripti, who tried to ruin his life and his career.
One needs to understand that the DV Act is supposed to protect actual victims of domestic violence. Victims could be male or female. Why does the DV Act not protect male victims?
The Supreme Court says that 498A is misused to such an extent that out of 100 cases, 98 cases are false.
The DV Act is so dangerous that only because Azim Premji's name was dragged and the truth was revealed by the press too, that we came to know about how the DV act can be misused.
But there will be hundreds, maybe thousands of cases happening right now at this very moment where the wife has already started threatening their husband and in-laws with legal consequences using the DV Act if her wishes are not fulfilled. It is really sad. The Supreme Court calls this Legal Terrorism. Who will help those innocent victims who are legally terrorized every single day by a woman using such draconian laws?
People working in the corporate world are men too. They have their own lives, and if their family life is destroyed with biased laws like 498A and the DV Act, then it is everybody's concern. Will it not affect the country's economy if families break?
This malpractice will not stop if people don't oppose it.
From India, Mumbai
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1) Tripti physically and emotionally tortured her husband Gaurav because she wanted the house and the car in her own name. Gaurav didn't react.
2) Tripti filed a false dowry harassment case on Gaurav and her in-laws. Gaurav, his mother, and sister were arrested. They got bail later.
3) Tripti knew that Gaurav is still not reacting because he is earning well in a reputed company. The lawyer told Tripti, "If Gaurav realizes that his employment is in danger, then he will agree to your terms."
4) Tripti consulted her lawyer and came up with a new idea. Accusing her husband of adultery or office romance to get maximum mileage for her case, she thought, why not drag Azim Premji into the DV act net.
5) Tripti said that she met the company people to talk about Gaurav's behavior, and she said the company dismissed her complaint. It is still not known whether she actually went and met them or is just fooling around. There is no statement from Wipro on this.
6) Tripti, on the suggestion of her lawyer, filed a DV act against her husband and Azim Premji for having a dating allowance which led to her marriage problem.
7) Tripti didn't realize that there is no dating allowance in Wipro.
8) Tripti also didn't realize that there are few organizations that will come forward and give an opportunity to Gaurav to express his side of the story.
9) Gaurav reveals the truth and exposes Tripti's plan.
10) Tripti is now desperate to recover her lost ground. She wants Gaurav back in her life for their child.
11) Gaurav was falsely implicated under 498A with a false complaint from his wife, and now she also tried to ruin his career using the DV Act. After so much legal torture, who would want to live with this kind of woman?
12) However, it is important to note that after divorce, Gaurav will have to comply with the CrPC 125 maintenance provision. He will have to pay maintenance and alimony to Tripti, who tried to ruin his life and his career.
One needs to understand that the DV Act is supposed to protect actual victims of domestic violence. Victims could be male or female. Why does the DV Act not protect male victims?
The Supreme Court says that 498A is misused to such an extent that out of 100 cases, 98 cases are false.
The DV Act is so dangerous that only because Azim Premji's name was dragged and the truth was revealed by the press too, that we came to know about how the DV act can be misused.
But there will be hundreds, maybe thousands of cases happening right now at this very moment where the wife has already started threatening their husband and in-laws with legal consequences using the DV Act if her wishes are not fulfilled. It is really sad. The Supreme Court calls this Legal Terrorism. Who will help those innocent victims who are legally terrorized every single day by a woman using such draconian laws?
People working in the corporate world are men too. They have their own lives, and if their family life is destroyed with biased laws like 498A and the DV Act, then it is everybody's concern. Will it not affect the country's economy if families break?
This malpractice will not stop if people don't oppose it.
From India, Mumbai
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12) However, it is important to note that after divorce, Gaurav will have to comply with the CrPC 125 maintenance provision. He will have to pay maintenance and alimony to Tripti, who tried to ruin his life and his career.
I do not think Gaurav is required to pay under section 125 of the Cr.P.C. For Tripti, the hurdles are:
1. Does she have sufficient means to support herself?
2. Does she have just cause to remain separate? (subsection 4).
The same hurdles she will face with other claims as well.
Regards
From India, Delhi
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I do not think Gaurav is required to pay under section 125 of the Cr.P.C. For Tripti, the hurdles are:
1. Does she have sufficient means to support herself?
2. Does she have just cause to remain separate? (subsection 4).
The same hurdles she will face with other claims as well.
Regards
From India, Delhi
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If some one is having affair or convinced to have is nothing to do with the companys policys to pay allowance. That is very personal life of every one.
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Do you mean to say that Tripti Nigam’s allegations are false? Then what will happen if 90% of hundreds of cases under DV Act become false? regards
From India, Delhi
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From India, Delhi
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a) The company has denied paying a dating allowance. http://www.indiaenews.com/business/20061123/29834.htm http://news.bbc.co.uk/2/hi/south_asia/6180224.stm
b) So, this unscrupulous female must have been lying about the dating allowance. The whole issue must have been made up to add masala to the story.
c) This unscrupulous female must have thought that only her views would be heard.
d) She may not have known about the existence of Save Indian Family - a savior for harassed men.
e) Now that the counter view is open to the world, one needs to see what the world does with this. But this case is an eye-opener. This case shows that unscrupulous wives can stoop to any extent and even attack icons of the industry with false statements! The DV act will make India unsafe for married men! Regards, Vinayak.
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b) So, this unscrupulous female must have been lying about the dating allowance. The whole issue must have been made up to add masala to the story.
c) This unscrupulous female must have thought that only her views would be heard.
d) She may not have known about the existence of Save Indian Family - a savior for harassed men.
e) Now that the counter view is open to the world, one needs to see what the world does with this. But this case is an eye-opener. This case shows that unscrupulous wives can stoop to any extent and even attack icons of the industry with false statements! The DV act will make India unsafe for married men! Regards, Vinayak.
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Vinayak ji,
Let us focus more on the ramifications of the DV Act on workplace climate and industrial productivity. It is not the first and last case, but there will be thousands of such cases of which, as Sdhehswar guesses, 90% will be false.
How are industries going to cope with such a situation? Can knowledge of labor law or HRM acumen be of any help?
Regards
From India, Delhi
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Let us focus more on the ramifications of the DV Act on workplace climate and industrial productivity. It is not the first and last case, but there will be thousands of such cases of which, as Sdhehswar guesses, 90% will be false.
How are industries going to cope with such a situation? Can knowledge of labor law or HRM acumen be of any help?
Regards
From India, Delhi
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Dear Sid,
Please don't get so touchy about Govind's remark. I think if we are here for open discussions, we should do so without getting personal. Govind has the right to say something, even if he is an Indian.
We can debate on the topic by providing better points like Dr. Jogeshwar is doing. That's it.
Hope all the members will be careful. Only then will it be worth giving your views.
Regards,
Asha
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Please don't get so touchy about Govind's remark. I think if we are here for open discussions, we should do so without getting personal. Govind has the right to say something, even if he is an Indian.
We can debate on the topic by providing better points like Dr. Jogeshwar is doing. That's it.
Hope all the members will be careful. Only then will it be worth giving your views.
Regards,
Asha
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Dear Asha ji,
We shall have to focus on the issue. According to you, is the law just, fair, and reasonable? If not, how do we cope with the forthcoming situation? Will our HRM acumen be of any help then?
Regards
From India, Delhi
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We shall have to focus on the issue. According to you, is the law just, fair, and reasonable? If not, how do we cope with the forthcoming situation? Will our HRM acumen be of any help then?
Regards
From India, Delhi
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Dear all, It is very interesing that in citehr discussions on labour laws and matrimonial laws have occupied top positions over HRM acumen. Let us whither we move further. regards
From India, Delhi
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From India, Delhi
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[quote=Dr. Jogeshwar Mahanta]
You are right, brother Monit. Knowingly or unknowingly, the following question is haunting every Indian man: "Aur tera kya hogare kaliya?" Regards.
More so, because now the DV act has opened a new dimension of misuse. It can be applied to anyone and everyone, even professionally too. Not sure why the HR group is so cold with this issue.
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You are right, brother Monit. Knowingly or unknowingly, the following question is haunting every Indian man: "Aur tera kya hogare kaliya?" Regards.
More so, because now the DV act has opened a new dimension of misuse. It can be applied to anyone and everyone, even professionally too. Not sure why the HR group is so cold with this issue.
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Dear Monit,
Your concern is highly justified. Let me give you an analogy. To the new entrants to our Zero Pathology Ganga, I ask one question - "Kya darwaje par Yamraj ka dastak sunaya diya?" They laugh. So, I think they are still waiting for Yamdoot ka dastak on their darwaje par. I think they do not believe in the proverb "A stitch in time saves nine."
Regards
From India, Delhi
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Your concern is highly justified. Let me give you an analogy. To the new entrants to our Zero Pathology Ganga, I ask one question - "Kya darwaje par Yamraj ka dastak sunaya diya?" They laugh. So, I think they are still waiting for Yamdoot ka dastak on their darwaje par. I think they do not believe in the proverb "A stitch in time saves nine."
Regards
From India, Delhi
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Mahanta Ji,
Forget about industry productivity and HR policies. I think in some days, people will stop doing business and close industries because if a businessman or company owner spends most of their time in court fighting false cases, how will they run their business? The best thing they can do is close their business. It is beyond HR people; that's why you are not seeing an intelligent response from HR professionals.
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Forget about industry productivity and HR policies. I think in some days, people will stop doing business and close industries because if a businessman or company owner spends most of their time in court fighting false cases, how will they run their business? The best thing they can do is close their business. It is beyond HR people; that's why you are not seeing an intelligent response from HR professionals.
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"Oh, okay, so he and his parents got arrested on a false complaint of his wife? So what, man? Why should we care? Do we have fewer problems in our own life that we start bothering about others' lives?"
This is the attitude of most people, if not everybody. This is the root cause of our problems. There is no unity.
Now is the time when we should speak up. If the media is concerned with empowering the citizens by giving voice to justice-seekers, then why not use it and help the innocent?
498A and DV Act are going to break families. Millions will be adversely affected. Employees, businessmen, traders, freelancers, students, retired individuals - everybody is going to be affected.
If we let this continue, can you imagine the situation when our children will be at their marriageable age? Who would want to marry if such laws exist in the country? Just so you know, this law applies to live-in relationships, too. There will be mass abortion because nobody would want to marry; nobody would want to get into a live-in relationship; nobody would want to take such a big risk by trusting others. More than the family breaker, these laws are trust breakers. There will be no trust. People will live like animals if there is no trust.
We should oppose this law because we are concerned not only about our married life but also our children's married life. There are already many people deciding to remain single all their lives because of such laws. There will be no society left. Civilization will come to a standstill. It will adversely affect the economy.
The strength of a country is not its economy. It is the condition of its families. Think about it.
From India, Mumbai
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This is the attitude of most people, if not everybody. This is the root cause of our problems. There is no unity.
Now is the time when we should speak up. If the media is concerned with empowering the citizens by giving voice to justice-seekers, then why not use it and help the innocent?
498A and DV Act are going to break families. Millions will be adversely affected. Employees, businessmen, traders, freelancers, students, retired individuals - everybody is going to be affected.
If we let this continue, can you imagine the situation when our children will be at their marriageable age? Who would want to marry if such laws exist in the country? Just so you know, this law applies to live-in relationships, too. There will be mass abortion because nobody would want to marry; nobody would want to get into a live-in relationship; nobody would want to take such a big risk by trusting others. More than the family breaker, these laws are trust breakers. There will be no trust. People will live like animals if there is no trust.
We should oppose this law because we are concerned not only about our married life but also our children's married life. There are already many people deciding to remain single all their lives because of such laws. There will be no society left. Civilization will come to a standstill. It will adversely affect the economy.
The strength of a country is not its economy. It is the condition of its families. Think about it.
From India, Mumbai
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Dear Mahanta Ji,
Forget about industry productivity and HR policies. I think in some days people will stop doing business and close industries. This is because if a business owner or company spends most of their time in court fighting false cases, how will they run their business? The best thing for them to do is close the business. This issue is beyond HR professionals, which is why you may not be seeing an intelligent response from them.
Sandipani Ji,
Rebel Ji has already addressed your point. However, I have a small question with significant consequences. Will that strategy help in escaping from any police station, court, jail in the country, and choosing one's advocates?
Regards,
From India, Delhi
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Forget about industry productivity and HR policies. I think in some days people will stop doing business and close industries. This is because if a business owner or company spends most of their time in court fighting false cases, how will they run their business? The best thing for them to do is close the business. This issue is beyond HR professionals, which is why you may not be seeing an intelligent response from them.
Sandipani Ji,
Rebel Ji has already addressed your point. However, I have a small question with significant consequences. Will that strategy help in escaping from any police station, court, jail in the country, and choosing one's advocates?
Regards,
From India, Delhi
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Hi Asha,
I have no issue discussing, and I am really happy that various members give their viewpoints. This way, we also come to know where we stand. But the only point is don't get personal by saying "I doubt if you're an HR consultant."
We all know our judiciary system is very bad. They just have not updated their laws and don't do it until some major issue happens.
Men have, by childhood, been taught that they, being men, cannot cry, that they are the most important member in the family matter so they always have to shell out money, that the household work should be done by women only, and so forth.
In our olden days, women had to undergo many problems, not only at the hands of men but also the society as a whole, which also has women. It is still existing.
So the judiciary system was made keeping women in mind because they must have thought men don't have any problems.
But if we see today, even men have been facing many problems at the hands of their wives, but they just don't come out thinking that people will give them names or that no one will ever believe them.
I have seen many men facing such problems, and I do feel bad for them as I would have felt bad for a woman.
Men who stay at home, and if their wife is working, then they are called sissy by whom? Don't we all do?
This is a real story of one of my friends... When a wife just refuses to have s** or go out with her husband and she roams with someone else... She has the support of her father-in-law... My friend is finding it difficult to convince his parents, and he is forced to continue the relationship... Worse is that despite the fact that his wife is earning, she blows her husband's money on lavish parties...
Now times have changed... we do need to support the men also, and there definitely needs to be a better judiciary system for men.
Regards,
Asha
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I have no issue discussing, and I am really happy that various members give their viewpoints. This way, we also come to know where we stand. But the only point is don't get personal by saying "I doubt if you're an HR consultant."
We all know our judiciary system is very bad. They just have not updated their laws and don't do it until some major issue happens.
Men have, by childhood, been taught that they, being men, cannot cry, that they are the most important member in the family matter so they always have to shell out money, that the household work should be done by women only, and so forth.
In our olden days, women had to undergo many problems, not only at the hands of men but also the society as a whole, which also has women. It is still existing.
So the judiciary system was made keeping women in mind because they must have thought men don't have any problems.
But if we see today, even men have been facing many problems at the hands of their wives, but they just don't come out thinking that people will give them names or that no one will ever believe them.
I have seen many men facing such problems, and I do feel bad for them as I would have felt bad for a woman.
Men who stay at home, and if their wife is working, then they are called sissy by whom? Don't we all do?
This is a real story of one of my friends... When a wife just refuses to have s** or go out with her husband and she roams with someone else... She has the support of her father-in-law... My friend is finding it difficult to convince his parents, and he is forced to continue the relationship... Worse is that despite the fact that his wife is earning, she blows her husband's money on lavish parties...
Now times have changed... we do need to support the men also, and there definitely needs to be a better judiciary system for men.
Regards,
Asha
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Dear Sir,
I have no issue discussing, and I am really happy that various members give their viewpoints. This way, we also come to know where we stand.
But the only point is don't get personal by saying, "I doubt if you are a HR consultant." That's it.
We all know our judiciary system is very bad. They just have not updated their laws and don't do it until some major issue happens.
Men have, by childhood, been taught:
- They, being men, cannot cry.
- They are the most important members in family matters, so they always have to shell out money.
- The household work should be done by women only, and so forth.
In our olden days, women had to undergo many problems, not only at the hands of men but also the society as a whole, which also has women. It is still existing.
So, the judiciary system was made keeping women in mind because they must have thought men don't have any problem.
But if we see today, even men have been facing many problems at the hands of their wives, but they just don't come out thinking that people will give them names or that no one will ever believe them.
I have seen many men facing such problems, and I do feel bad for them, as I would have felt bad for a woman.
Men who stay at home, and if their wives are working, then they are called sissy by whom? Don't we all do?
This is a real story of one of my friends. When a wife refuses to have intimacy or go out with her husband and she roams with someone else, she has the support of her father-in-law. My friend is finding it difficult to convince his parents, and he is forced to continue the relationship. Worse is that despite the fact that his wife is earning, she spends her husband's money on lavish parties.
Now times have changed. We do need to support men also, and there definitely needs to be a better judiciary system for men.
Regards,
Asha
We must not hurt each other. Men or women both can be kind or cruel. Presuming that only men can be cruel and women are incapable of being cruel is erroneous thinking.
This is not just a matter of debate but may lead to the closure of industries out of the fear of false cases, as Sandipani ji says. What is the way out?
Regards
From India, Delhi
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I have no issue discussing, and I am really happy that various members give their viewpoints. This way, we also come to know where we stand.
But the only point is don't get personal by saying, "I doubt if you are a HR consultant." That's it.
We all know our judiciary system is very bad. They just have not updated their laws and don't do it until some major issue happens.
Men have, by childhood, been taught:
- They, being men, cannot cry.
- They are the most important members in family matters, so they always have to shell out money.
- The household work should be done by women only, and so forth.
In our olden days, women had to undergo many problems, not only at the hands of men but also the society as a whole, which also has women. It is still existing.
So, the judiciary system was made keeping women in mind because they must have thought men don't have any problem.
But if we see today, even men have been facing many problems at the hands of their wives, but they just don't come out thinking that people will give them names or that no one will ever believe them.
I have seen many men facing such problems, and I do feel bad for them, as I would have felt bad for a woman.
Men who stay at home, and if their wives are working, then they are called sissy by whom? Don't we all do?
This is a real story of one of my friends. When a wife refuses to have intimacy or go out with her husband and she roams with someone else, she has the support of her father-in-law. My friend is finding it difficult to convince his parents, and he is forced to continue the relationship. Worse is that despite the fact that his wife is earning, she spends her husband's money on lavish parties.
Now times have changed. We do need to support men also, and there definitely needs to be a better judiciary system for men.
Regards,
Asha
We must not hurt each other. Men or women both can be kind or cruel. Presuming that only men can be cruel and women are incapable of being cruel is erroneous thinking.
This is not just a matter of debate but may lead to the closure of industries out of the fear of false cases, as Sandipani ji says. What is the way out?
Regards
From India, Delhi
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Mahanta Ji, still my point is unanswered. Let me make it more clear. What if there is a bus strike? In that case, the company arranges alternative commute for employees to come to the company. Similarly, if there is a social issue such as the filing of false cases under IPC 498a and DV act on employees and employers, HR people should create awareness in the company by conducting seminars.
I have seen many organizations fighting against these false cases, such as Save Indian Family Foundation and Asha Kiran. Companies can organize seminars with the help of such organizations. This is why I feel that my questions remain unanswered. Are there no talented HR people in the industry? Are they simply ignoring these issues by considering them individual problems?
I am asking this because HR people should communicate with management; otherwise, we might see more cases like what happened with WIPRO. Please update me if you think my opinions are wrong.
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I have seen many organizations fighting against these false cases, such as Save Indian Family Foundation and Asha Kiran. Companies can organize seminars with the help of such organizations. This is why I feel that my questions remain unanswered. Are there no talented HR people in the industry? Are they simply ignoring these issues by considering them individual problems?
I am asking this because HR people should communicate with management; otherwise, we might see more cases like what happened with WIPRO. Please update me if you think my opinions are wrong.
Acknowledge(0)Amend(0)
Desperate situation calls for desperate measures.
People have been ignoring a bug in the Constitution of India for many decades. Now, more and more people are realizing the root problem embedded in our Constitution.
Article 15(3) is directly violating Article 14 (Equality before the law irrespective of gender, etc).
Article 15(3) says that the State can make 'any' special provision for women and children.
As long as Article 15(3) is not amended, women's groups will continue to propose ridiculous legal powers for women, and the Government will be forced to approve for vote-banks and also the Constitution of India.
The worst is yet to come. Wait and watch what happens after 33% reservation for women in parliament is passed. 181 more male-hating feminists will enter parliament armed with foolproof conspiracy. Sonia Gandhi will make sure this is passed, by hook or by crook. Those who oppose this bill will be thrown out by Sonia Gandhi.
Only after that, people will realize that women are no longer the weaker gender of society and therefore, the Constitution of India and women-related laws must be amended. However, how will the laws get amended when women will hold 33% power in parliament? Women will never allow this to happen. When the laws are not amended before 33% reservation, how will they amend after the reservation? It will be a war in parliament, and men will be thrown out of parliament or will leave on their own. There is no way men in politics are strong enough to fight against male-hating feminists. Either they destroy all Indian culture of respecting women and fight back, or they will have to quit. Even in societies, either men will be able to protect Indian culture of respecting women or protect himself and his family. Women groups are complaining about women's status in India. After this, women's status will deteriorate to an unimaginable level.
The situation will only get worse. Men will commit suicide on an unprecedented scale. Order and Law will become virtually paralyzed to handle the numbers of women making false complaints against their husbands, employers, colleagues, boyfriends, business partners, ministers, police officers, even strangers. The court, which has about 40 lakh pending cases, will easily cross 10 crore pending cases. Men will stop marrying. Men who are financially alright will try to leave India for good. Crime rates will increase. Incest will be rampant. Child abuse will prevail. It will be a nightmare in India.
Desperate situation calls for desperate measures.
Vote out Congress. Vehemently oppose women's groups. Criticize media's role in supporting women's groups. Fight back in unity if a man is victimized. Stand united against a woman's false complaint. Oppose male-bashing advertisements. Say no to women's rights and say yes to family rights. Say no to women empowerment and say yes to gender equality considering both men and women equally and not just women. There is no way anything good will happen if people don't oppose, if people don't criticize, if people don't protest, if people don't unite and fight for justice.
It is now time to give something to the country. Do you have it in you? 'One' man can't win this battle between right and wrong. Both men and women must unite and protect India's pride - Indian Families.
From India, Mumbai
Acknowledge(0)Amend(0)
People have been ignoring a bug in the Constitution of India for many decades. Now, more and more people are realizing the root problem embedded in our Constitution.
Article 15(3) is directly violating Article 14 (Equality before the law irrespective of gender, etc).
Article 15(3) says that the State can make 'any' special provision for women and children.
As long as Article 15(3) is not amended, women's groups will continue to propose ridiculous legal powers for women, and the Government will be forced to approve for vote-banks and also the Constitution of India.
The worst is yet to come. Wait and watch what happens after 33% reservation for women in parliament is passed. 181 more male-hating feminists will enter parliament armed with foolproof conspiracy. Sonia Gandhi will make sure this is passed, by hook or by crook. Those who oppose this bill will be thrown out by Sonia Gandhi.
Only after that, people will realize that women are no longer the weaker gender of society and therefore, the Constitution of India and women-related laws must be amended. However, how will the laws get amended when women will hold 33% power in parliament? Women will never allow this to happen. When the laws are not amended before 33% reservation, how will they amend after the reservation? It will be a war in parliament, and men will be thrown out of parliament or will leave on their own. There is no way men in politics are strong enough to fight against male-hating feminists. Either they destroy all Indian culture of respecting women and fight back, or they will have to quit. Even in societies, either men will be able to protect Indian culture of respecting women or protect himself and his family. Women groups are complaining about women's status in India. After this, women's status will deteriorate to an unimaginable level.
The situation will only get worse. Men will commit suicide on an unprecedented scale. Order and Law will become virtually paralyzed to handle the numbers of women making false complaints against their husbands, employers, colleagues, boyfriends, business partners, ministers, police officers, even strangers. The court, which has about 40 lakh pending cases, will easily cross 10 crore pending cases. Men will stop marrying. Men who are financially alright will try to leave India for good. Crime rates will increase. Incest will be rampant. Child abuse will prevail. It will be a nightmare in India.
Desperate situation calls for desperate measures.
Vote out Congress. Vehemently oppose women's groups. Criticize media's role in supporting women's groups. Fight back in unity if a man is victimized. Stand united against a woman's false complaint. Oppose male-bashing advertisements. Say no to women's rights and say yes to family rights. Say no to women empowerment and say yes to gender equality considering both men and women equally and not just women. There is no way anything good will happen if people don't oppose, if people don't criticize, if people don't protest, if people don't unite and fight for justice.
It is now time to give something to the country. Do you have it in you? 'One' man can't win this battle between right and wrong. Both men and women must unite and protect India's pride - Indian Families.
From India, Mumbai
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"What if there is a bus strike? In that case, the company arranges alternative commute for employees to come into the company.
Sandipani Ji,
In the present circumstances, the only "alternative" is the choice of another country where there is no such possibility.
Regards"
From India, Delhi
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Sandipani Ji,
In the present circumstances, the only "alternative" is the choice of another country where there is no such possibility.
Regards"
From India, Delhi
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The problems with Section 498A of the IPC are as follows:
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 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 unscrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.
7. It enables the violation of privacy, sanctity, and the dignity of innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in society, and at the mercy of 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 civilized and democratic society as it smells like fascism.
10. The guilty who make frivolous and scandalous complaints or start false prosecutions get off scot-free at the cost and expense of the public exchequer.
Only fascist dictatorships and enemies of society create laws that destroy the very society they claim to protect.
From United States, Philadelphia
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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 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 unscrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.
7. It enables the violation of privacy, sanctity, and the dignity of innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in society, and at the mercy of 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 civilized and democratic society as it smells like fascism.
10. The guilty who make frivolous and scandalous complaints or start false prosecutions get off scot-free at the cost and expense of the public exchequer.
Only fascist dictatorships and enemies of society create laws that destroy the very society they claim to protect.
From United States, Philadelphia
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"Sir,
What is IPC 498a ?
Thanks,
Ramaya"
Dear Ramaya,
Here is section 498A IPC:
INDIAN PENAL CODE
CHAPTER XXA : OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A. Husband or relative of husband of a woman subjecting her to cruelty
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation- For the purpose of this section, "cruelty" means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
I t is cognizable, non-balable and non compoundable. Cognizable means if it is complained to police, they have no option but to register a case u/s 154 Cr.P.C. Non bailable means police can not grant bail and only court can grant bail if satisfied. Non compoundable means once registered the complainant and accused can not compromise and the case will have to reach its logical conclusion, conviction or aquital.
Study shows that the rate of conviction is less than 2%. So there is rampant misuse of this law. Here are some judgments which show:
IS 498A IPC A BALANCED LAW?
Right to life and liberty of every citizen is guaranteed under Article 21 of the Constitution of India. But this life and liberty can be curtailed if they hinder others’ life and liberty. For that due process of law is necessary. Due process includes reasonable force. The net purpose of due process, therefore, is to restore equilibrium when there is imbalance in any locus of the society. While civil law determines what is right and what is wrong, the criminal law imposes penalty to deter.
Section 498A was inserted in The Indian Penal Code in 1984 with a view to protect women against dowry harassment. From the very beginning of this law there is reaction from the society including legal luminaries that this law could be misused and there would be severe deleterious effect in the society. But before going to its deleterious effect let us consider if the volume of complaints have gone down as may be seen in The Crime in India statistics. The volume is continuously going up which means that there is no deterrence effect of section 498A of IPC. This is now 2006. This very fact itself needs that the law is to be amended to curb the rising graph.
Coming to the judicial observations and remarks we find that continuously their lordships are showing anguish over the law. Here are some recent judicial observations.
Way back in 1990 Punjab and Haryana High court observed in Jasbir Kaur vs. State of Haryana, (1990)2 Rec Cri R 243 case as:
“It is known that an estranged wife will go to any extent to rope in as many relatives of the husband as possible in a desperate effort to salvage whatever remains of an estranged marriage.”
In Kanaraj vs. State of Punjab,2000 CriLJ 2993 the apex court observed as:
“for the fault of the husband the in-laws or other relatives cannot in all cases be held to be involved. The acts attributed to such persons have to be proved beyond reasonable doubt and they cannot be held responsible by mere conjectures and implications. The tendency to rope in relations of the husband as accused has to be curbed”
In the case of State Vs. Srikanth, 2002 CriLJ 3605 te Karnataka High Court observed as:
“Roping in of the whole of the family including brothers and sister-in-laws has to be depreciated unless there is a specific material against these persons, it is down right on the part of the police to include the whole of the family as accused.”
In Mohd. Hoshan vs. State of A.P. 2002 CriLJ 4124 case the Apex Court observed as:
“Whether one spouse has been guilt of cruelty to the other is essentially a question of fact. The impact of complaints, accusation or taunts on a person amounting to cruelty depends on various factors like the sensitivity of the victim concerned, the social background, the environment, education etc. Further, mental cruelty varies from person to person depending on the intensity of the sensitivity, degree of courage and endurance to withstand such cruelty. Each case has to be decided on its own facts whether mental cruelty is made out.”
Delhi High Court in Savitri Devi vs. Ramesh Chand, 2003 CriLJ 2759 case observed as;
“These provisions were though made with good intentions but the implementation has left a very bad taste and the move has been counter productive. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, sisters- in-laws, unmarried brothers, married uncles and in some cases grand parents or as many as 10 o 15 or even more relatives of the husbsnd.”
Punjab and haryana High Court in Bhupinder Kaur and others vs. State of Punjab and others, 2003 CriLJ 3394 case observed as:
“ From the reading of the FIR, it is evident that there is no specific allegation of any act against petitioners Nos.2 and 3,which constitute offence under s.498-A I.P.C. I am satisfied that these two persons have been falsely implicated in the present case, who were minors at the time of marriage and even at the time of lodging the present FIR. Neither of these two persons was alleged to have been entrusted with any dowry article nor they alleged to have ever demanded any dowry article. No specific allegation of demand of dowry, harassment and beating given to the complainant by the two accused has been made. The allegations made are vague and general. Moreover, it cannot be ignored that every member of the family of the husband has been implicated in the case. The initiation of criminal proceedings against them in the present case is clearly an abuse f the process of law.”
Jharkhand High Court in Arjun Ram Vs. State of Jharkhand and another, 2004 CriLJ 2989 case observed as:
“In the instant case, it appears that that the criminal case has been filed,which is manifestly intended with mala fide and ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. In this connection reliance may be placed upon AIR 1992 SC 604: (1992CriLJ 527).”
And in a relatively recent case, Sushil Kumar Sharma vs. Union of India and others,JT 2005(6) SC 266 observed as:
“The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have
come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in
all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore,
is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and
intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become
necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the
Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace.
But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not an assassin's
weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears. There is no
question of investigating agency and Courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters
relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth,
punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner
that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant is
speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It
is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their
effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally
undisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. While dealing with such cases,
the law laid down relating to circumstantial evidence has to be kept in view.”
These are only a few observations of their lordships from scores which conclusively prove that:
1. A woman (not necessarily every woman) can be much more cruel than a man (not necessarily ever man).
2. While intending to protect the life of a person, s.498A of IPC jeopardizes around a dozen innocent persons no matter whether they are children or old. Hence, the provision is discriminatory and violative of Article 14 of the Constitution of India.
3. Instead of restoring equilibrium, the provision aggravates disequilibria. Hence, it is not only imbalanced but also there is a failure of guarantee of right to life under Article 21 of the constitution of India.
4. For the reasons stated under conclusions 3 and 4 above the provision is not only imbalanced but also ultravires.
Because of these maladies the provision needs to be amended at the earliest to protect the life and liberty of lacs of innocent people including children and old. Prior to that the learned and honorable courts may consider imposition of heavy penalty as done in case of vexatious PILs. Such PILs are only vexatious but in the matter of 498A the cases may be false, malafide, malicious and revengeful.
What Supreme court says in Sushil Kumar Sharma case is here:
18. The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not an assassin's weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears. There is no question of investigating agency and Courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant is speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally undisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.
So now you get a glimpse of 498A IPC
regards
From India, Delhi
Acknowledge(0)Amend(0)
What is IPC 498a ?
Thanks,
Ramaya"
Dear Ramaya,
Here is section 498A IPC:
INDIAN PENAL CODE
CHAPTER XXA : OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A. Husband or relative of husband of a woman subjecting her to cruelty
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation- For the purpose of this section, "cruelty" means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
I t is cognizable, non-balable and non compoundable. Cognizable means if it is complained to police, they have no option but to register a case u/s 154 Cr.P.C. Non bailable means police can not grant bail and only court can grant bail if satisfied. Non compoundable means once registered the complainant and accused can not compromise and the case will have to reach its logical conclusion, conviction or aquital.
Study shows that the rate of conviction is less than 2%. So there is rampant misuse of this law. Here are some judgments which show:
IS 498A IPC A BALANCED LAW?
Right to life and liberty of every citizen is guaranteed under Article 21 of the Constitution of India. But this life and liberty can be curtailed if they hinder others’ life and liberty. For that due process of law is necessary. Due process includes reasonable force. The net purpose of due process, therefore, is to restore equilibrium when there is imbalance in any locus of the society. While civil law determines what is right and what is wrong, the criminal law imposes penalty to deter.
Section 498A was inserted in The Indian Penal Code in 1984 with a view to protect women against dowry harassment. From the very beginning of this law there is reaction from the society including legal luminaries that this law could be misused and there would be severe deleterious effect in the society. But before going to its deleterious effect let us consider if the volume of complaints have gone down as may be seen in The Crime in India statistics. The volume is continuously going up which means that there is no deterrence effect of section 498A of IPC. This is now 2006. This very fact itself needs that the law is to be amended to curb the rising graph.
Coming to the judicial observations and remarks we find that continuously their lordships are showing anguish over the law. Here are some recent judicial observations.
Way back in 1990 Punjab and Haryana High court observed in Jasbir Kaur vs. State of Haryana, (1990)2 Rec Cri R 243 case as:
“It is known that an estranged wife will go to any extent to rope in as many relatives of the husband as possible in a desperate effort to salvage whatever remains of an estranged marriage.”
In Kanaraj vs. State of Punjab,2000 CriLJ 2993 the apex court observed as:
“for the fault of the husband the in-laws or other relatives cannot in all cases be held to be involved. The acts attributed to such persons have to be proved beyond reasonable doubt and they cannot be held responsible by mere conjectures and implications. The tendency to rope in relations of the husband as accused has to be curbed”
In the case of State Vs. Srikanth, 2002 CriLJ 3605 te Karnataka High Court observed as:
“Roping in of the whole of the family including brothers and sister-in-laws has to be depreciated unless there is a specific material against these persons, it is down right on the part of the police to include the whole of the family as accused.”
In Mohd. Hoshan vs. State of A.P. 2002 CriLJ 4124 case the Apex Court observed as:
“Whether one spouse has been guilt of cruelty to the other is essentially a question of fact. The impact of complaints, accusation or taunts on a person amounting to cruelty depends on various factors like the sensitivity of the victim concerned, the social background, the environment, education etc. Further, mental cruelty varies from person to person depending on the intensity of the sensitivity, degree of courage and endurance to withstand such cruelty. Each case has to be decided on its own facts whether mental cruelty is made out.”
Delhi High Court in Savitri Devi vs. Ramesh Chand, 2003 CriLJ 2759 case observed as;
“These provisions were though made with good intentions but the implementation has left a very bad taste and the move has been counter productive. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, sisters- in-laws, unmarried brothers, married uncles and in some cases grand parents or as many as 10 o 15 or even more relatives of the husbsnd.”
Punjab and haryana High Court in Bhupinder Kaur and others vs. State of Punjab and others, 2003 CriLJ 3394 case observed as:
“ From the reading of the FIR, it is evident that there is no specific allegation of any act against petitioners Nos.2 and 3,which constitute offence under s.498-A I.P.C. I am satisfied that these two persons have been falsely implicated in the present case, who were minors at the time of marriage and even at the time of lodging the present FIR. Neither of these two persons was alleged to have been entrusted with any dowry article nor they alleged to have ever demanded any dowry article. No specific allegation of demand of dowry, harassment and beating given to the complainant by the two accused has been made. The allegations made are vague and general. Moreover, it cannot be ignored that every member of the family of the husband has been implicated in the case. The initiation of criminal proceedings against them in the present case is clearly an abuse f the process of law.”
Jharkhand High Court in Arjun Ram Vs. State of Jharkhand and another, 2004 CriLJ 2989 case observed as:
“In the instant case, it appears that that the criminal case has been filed,which is manifestly intended with mala fide and ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. In this connection reliance may be placed upon AIR 1992 SC 604: (1992CriLJ 527).”
And in a relatively recent case, Sushil Kumar Sharma vs. Union of India and others,JT 2005(6) SC 266 observed as:
“The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have
come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in
all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore,
is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and
intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become
necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the
Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace.
But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not an assassin's
weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears. There is no
question of investigating agency and Courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters
relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth,
punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner
that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant is
speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It
is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their
effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally
undisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. While dealing with such cases,
the law laid down relating to circumstantial evidence has to be kept in view.”
These are only a few observations of their lordships from scores which conclusively prove that:
1. A woman (not necessarily every woman) can be much more cruel than a man (not necessarily ever man).
2. While intending to protect the life of a person, s.498A of IPC jeopardizes around a dozen innocent persons no matter whether they are children or old. Hence, the provision is discriminatory and violative of Article 14 of the Constitution of India.
3. Instead of restoring equilibrium, the provision aggravates disequilibria. Hence, it is not only imbalanced but also there is a failure of guarantee of right to life under Article 21 of the constitution of India.
4. For the reasons stated under conclusions 3 and 4 above the provision is not only imbalanced but also ultravires.
Because of these maladies the provision needs to be amended at the earliest to protect the life and liberty of lacs of innocent people including children and old. Prior to that the learned and honorable courts may consider imposition of heavy penalty as done in case of vexatious PILs. Such PILs are only vexatious but in the matter of 498A the cases may be false, malafide, malicious and revengeful.
What Supreme court says in Sushil Kumar Sharma case is here:
18. The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not an assassin's weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears. There is no question of investigating agency and Courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant is speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally undisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.
So now you get a glimpse of 498A IPC
regards
From India, Delhi
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The problems with Section 498A of the IPC are as follows:
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 unscrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.
7. It enables the violation of the privacy, sanctity, and the dignity of innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in 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 civilized and democratic society as it smells like fascism.
10. The guilty who make frivolous and scandalous complaints or start false prosecutions get off scot-free at the cost and expense of the public exchequer.
Only fascist dictatorships and enemies of society create laws that destroy the very society they claim to protect.
Most welcome Lalwani ji. Your presence adds momentum here.
Regards
From India, Delhi
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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 unscrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.
7. It enables the violation of the privacy, sanctity, and the dignity of innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in 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 civilized and democratic society as it smells like fascism.
10. The guilty who make frivolous and scandalous complaints or start false prosecutions get off scot-free at the cost and expense of the public exchequer.
Only fascist dictatorships and enemies of society create laws that destroy the very society they claim to protect.
Most welcome Lalwani ji. Your presence adds momentum here.
Regards
From India, Delhi
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Dear Brothers & Sisters,
I am happy to participate in this HOT issue. After seeing both versions of Tripti and Gaurav, I agree and understand that it is a clear case of misuse of DV Act.
It is something like blaming a bed for se*.
The HR professional, particularly in IT, ITES, and BPO, understand the misuse of Section 498A. The DV Act is new in the market, but we are all aware of the possible misuse of the same.
Awareness of the law, training, mentoring, and counseling of employees will be very essential to address the issue. Marital discord is becoming a big issue for corporates nowadays. Many organizations have lost productive people, or if not people, then those individuals have lost their productivity.
I shall not take the names of the organizations, but whenever their employees approach them in case of any 498A (now DV will also come) case, they help them in getting anticipatory bail. They even guide employees on choosing the best lawyer.
Regarding WIPRO, there are many cases there. Their HR department is legally sound on the issue.
The real problem lies in the law and the mindset of the people and media. I do not think women, especially in urban areas, are ABLA; they do not need a one-sided law like the DV Act.
I am not sure what will happen in the future, but if Tripti is not prosecuted for a false complaint and dragging Premji into this case, I am sure this trend will increase, and tomorrow we might see Mr. Murthy in court for not providing Se* allowance to their employees. :P
I can only laugh at this case, but there is a lot of learning involved for the media, men, women, employers, employees, entrepreneurs, HR professionals, lawmakers, NGOs, and parliamentarians... I hope we all will learn from this.
Warm Regards,
Ram Balak
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I am happy to participate in this HOT issue. After seeing both versions of Tripti and Gaurav, I agree and understand that it is a clear case of misuse of DV Act.
It is something like blaming a bed for se*.
The HR professional, particularly in IT, ITES, and BPO, understand the misuse of Section 498A. The DV Act is new in the market, but we are all aware of the possible misuse of the same.
Awareness of the law, training, mentoring, and counseling of employees will be very essential to address the issue. Marital discord is becoming a big issue for corporates nowadays. Many organizations have lost productive people, or if not people, then those individuals have lost their productivity.
I shall not take the names of the organizations, but whenever their employees approach them in case of any 498A (now DV will also come) case, they help them in getting anticipatory bail. They even guide employees on choosing the best lawyer.
Regarding WIPRO, there are many cases there. Their HR department is legally sound on the issue.
The real problem lies in the law and the mindset of the people and media. I do not think women, especially in urban areas, are ABLA; they do not need a one-sided law like the DV Act.
I am not sure what will happen in the future, but if Tripti is not prosecuted for a false complaint and dragging Premji into this case, I am sure this trend will increase, and tomorrow we might see Mr. Murthy in court for not providing Se* allowance to their employees. :P
I can only laugh at this case, but there is a lot of learning involved for the media, men, women, employers, employees, entrepreneurs, HR professionals, lawmakers, NGOs, and parliamentarians... I hope we all will learn from this.
Warm Regards,
Ram Balak
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Hi DR. Jogeshwar, I want to know more about DV act. Can you please give me some link? Regards, Ashwini Kumar
From India, Hyderabad
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From India, Hyderabad
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Awareness of law, training, mentoring, and counseling of employees will be very essential to address the issue. The marital discord is becoming a big issue for corporates nowadays. I know many organizations have lost many productive people, and if not people, then those people have lost their productivity.
Dear Ram Balak ji, Is this for empowerment or constructive empowerment? The people at the helms of affairs are happy if, according to them, they are empowered, regardless of whether or not they are constructively empowered. Is there any expert in this world to empower them constructively under the existing circumstances to prevent the catastrophe? Will those women who enjoy destructive empowerment attend such programs? These are two questions on feasibility.
Regards
From India, Delhi
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Dear Ram Balak ji, Is this for empowerment or constructive empowerment? The people at the helms of affairs are happy if, according to them, they are empowered, regardless of whether or not they are constructively empowered. Is there any expert in this world to empower them constructively under the existing circumstances to prevent the catastrophe? Will those women who enjoy destructive empowerment attend such programs? These are two questions on feasibility.
Regards
From India, Delhi
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If you look at statistics, the majority of the cases of 498A (and possibly DV cases in the future) are registered against IT professionals. For the complainant, there is absolutely no cost or consequence of lodging any false claims and complaints. The taxpayers foot the bill for prosecuting the cases; there is no accountability anywhere in this system.
I am making a very concrete proposal here to all IT (particularly multinational) firms. They should offer legal insurance to all those who seek it. The HR departments should advise men who are about to tie the knot to consider availing themselves of the legal insurance provisions. Now, if any employee is hit with a false case, the legal insurance will kick in, and all the costs will be borne by the insurance. Also, once there is an insurance company behind the individual, the complainant, the judges, and PP would hopefully mind their steps.
Now, here is a great opportunity for the insurance companies to tap into a whole new market.
Regards,
KK
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I am making a very concrete proposal here to all IT (particularly multinational) firms. They should offer legal insurance to all those who seek it. The HR departments should advise men who are about to tie the knot to consider availing themselves of the legal insurance provisions. Now, if any employee is hit with a false case, the legal insurance will kick in, and all the costs will be borne by the insurance. Also, once there is an insurance company behind the individual, the complainant, the judges, and PP would hopefully mind their steps.
Now, here is a great opportunity for the insurance companies to tap into a whole new market.
Regards,
KK
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Dear KK Ji,
It sounds like an emergency management measure and not a permanent cure. However, any insurance company is to come up with such a scheme. In any case, one is to waste time, money, and energy defending oneself from false cases. The defense, again, is a matter of probability.
Let us think of a sure and permanent cure.
Regards
From India, Delhi
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It sounds like an emergency management measure and not a permanent cure. However, any insurance company is to come up with such a scheme. In any case, one is to waste time, money, and energy defending oneself from false cases. The defense, again, is a matter of probability.
Let us think of a sure and permanent cure.
Regards
From India, Delhi
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Hi Dr. Jogeshwar,
I want to know more about the DV Act. Can you please give me some links?
Regards,
Ashwini Kumar
Thank you, Ashwini Kumar Ji, for your interest. I think it is yet to be posted for Ezine search. You may try the following links:
Contact Us
Legalpundits - Indiatimes.com
Mumbai (LegalPundits Corporate office):
506, Neelkanth, 98, Marine Drive,
Next to Registrar of Companies (ROC)
Mumbai - 400 002, India
Telephone: 91-22-22044591, 56349742/3
Fax: 91-22-22839527
Gurgaon (Indiatimes Corporate Office):
I World, Times Internet Limited,
Opp. Golf Course, Sector Road
Sector 56,
Gurgaon - 122002, India
Telephone: - 91-124-4187000
Mr. Harinder Singh 09871289000
Bangalore:
Mr. M. Gnanaguruswamy 09886057942
Chennai:
Mr. S. Vijaykanth 09884008383
Delhi:
Ms. Saloni 09899152454
Mr. Ravi Narula 09891172377 / 09818033772, (011) 25418179 / 25173140
Jaipur:
Mr. Anand Maheshwari (141) 2622576, 09414250421
Kolkata:
Mr. Jay Taparia 0-98303-77564, (033) 22436785/6348
Noida:
Mr. Kulmani (0120) 5310900 / 2547353
Pune:
Mr. Sanjeev Pawar (020) 26363532, 26363115
For details regarding membership, email at:
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From India, Delhi
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I want to know more about the DV Act. Can you please give me some links?
Regards,
Ashwini Kumar
Thank you, Ashwini Kumar Ji, for your interest. I think it is yet to be posted for Ezine search. You may try the following links:
Contact Us
Legalpundits - Indiatimes.com
Mumbai (LegalPundits Corporate office):
506, Neelkanth, 98, Marine Drive,
Next to Registrar of Companies (ROC)
Mumbai - 400 002, India
Telephone: 91-22-22044591, 56349742/3
Fax: 91-22-22839527
Gurgaon (Indiatimes Corporate Office):
I World, Times Internet Limited,
Opp. Golf Course, Sector Road
Sector 56,
Gurgaon - 122002, India
Telephone: - 91-124-4187000
Mr. Harinder Singh 09871289000
Bangalore:
Mr. M. Gnanaguruswamy 09886057942
Chennai:
Mr. S. Vijaykanth 09884008383
Delhi:
Ms. Saloni 09899152454
Mr. Ravi Narula 09891172377 / 09818033772, (011) 25418179 / 25173140
Jaipur:
Mr. Anand Maheshwari (141) 2622576, 09414250421
Kolkata:
Mr. Jay Taparia 0-98303-77564, (033) 22436785/6348
Noida:
Mr. Kulmani (0120) 5310900 / 2547353
Pune:
Mr. Sanjeev Pawar (020) 26363532, 26363115
For details regarding membership, email at:
For acquiring answers to any legal queries, email at:
Send us your valuable feedback, suggestions, comments, email at:
To unsubscribe to Legalpundits Newsletters/Updates, email at:
Regards
From India, Delhi
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Ashwini Kumar ji,
In the meanwhile you may go through the definition and application of the Act below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards
From India, Delhi
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In the meanwhile you may go through the definition and application of the Act below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards
From India, Delhi
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Oh, Ashwini Kumar ji,
Here is the link for the whole Act: Laws - The Protection Of Women From Domestic Violence Act, 2005. The Protection Of Women From Domestic Violence Act, 2005 - Laws in India - Bare Act - Full Text Section Wise, DV Act, DVA, Women Protection Law in India. http://www.vakilno1.com/bareacts/Dom...e-Act-2005.htm - 20k - Cached - Similar pages.
Regards
From India, Delhi
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Here is the link for the whole Act: Laws - The Protection Of Women From Domestic Violence Act, 2005. The Protection Of Women From Domestic Violence Act, 2005 - Laws in India - Bare Act - Full Text Section Wise, DV Act, DVA, Women Protection Law in India. http://www.vakilno1.com/bareacts/Dom...e-Act-2005.htm - 20k - Cached - Similar pages.
Regards
From India, Delhi
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Dear members,
Have we reached any conclusion on the following things?
1. The DV Act and Section 498A are dangerously destroying the social fabric of the Indian family system. As professionals, this has, is, and will impact the productivity of professionals (as some members here have cited with examples too).
2. The DV Act has opened new dimensions to misuse, making everybody vulnerable to it.
3. What should HR personnel do if it directly impacts the productivity of individuals?
Thank you.
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Have we reached any conclusion on the following things?
1. The DV Act and Section 498A are dangerously destroying the social fabric of the Indian family system. As professionals, this has, is, and will impact the productivity of professionals (as some members here have cited with examples too).
2. The DV Act has opened new dimensions to misuse, making everybody vulnerable to it.
3. What should HR personnel do if it directly impacts the productivity of individuals?
Thank you.
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Well summarised brother Monit. What is next is the question. Ideas on permanent cure are welcomed. regards
From India, Delhi
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From India, Delhi
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Dear Dr. Mahanta,
I appreciate your knowledge on the subject. It is a nice topic to discuss. I might not be that competent to discuss the misuse of the DV act, but as far as my understanding goes, it is very prone to misuse and will definitely harm the Indian corporate world and organizational culture.
I am also thinking of the "Sexual Harassment at Workplace Bill". If that is also loosely drafted like the DV act, then even GOD can't predict what will happen. If everyone is aware of the law, then it can solve some of the issues. Most people, like myself, are not aware of most laws. The real solution lies with the lawmakers and the implementation body. Unfortunately, both are very corrupt. If the law is loosely drafted with no punishment for misusers, I wonder how we are going to stop misuse.
This law will be highly misused, as in the WIPRO case. We HR professionals are required to think constructively for appropriate results.
Time to go... Thanks, Dr. Mahanta.
Regards, Ram Balak
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I appreciate your knowledge on the subject. It is a nice topic to discuss. I might not be that competent to discuss the misuse of the DV act, but as far as my understanding goes, it is very prone to misuse and will definitely harm the Indian corporate world and organizational culture.
I am also thinking of the "Sexual Harassment at Workplace Bill". If that is also loosely drafted like the DV act, then even GOD can't predict what will happen. If everyone is aware of the law, then it can solve some of the issues. Most people, like myself, are not aware of most laws. The real solution lies with the lawmakers and the implementation body. Unfortunately, both are very corrupt. If the law is loosely drafted with no punishment for misusers, I wonder how we are going to stop misuse.
This law will be highly misused, as in the WIPRO case. We HR professionals are required to think constructively for appropriate results.
Time to go... Thanks, Dr. Mahanta.
Regards, Ram Balak
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In my humble opinion, there is only one option to oppose such a foolish law. Renuka Chaudhary seems to have problems with all the males in society, and she is making laws based on personal experiences. This law is badly affecting young professionals, and the situation has reached its peak when even Mr. Azim Premji is caught in the trap of this legal terrorism in India.
The HR fraternity needs to be very sensitive to the affected victims of this and should formulate policies so that these victims at least receive support from within the companies.
These are my personal views; others are welcome to comment and suggest.
Monit
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The HR fraternity needs to be very sensitive to the affected victims of this and should formulate policies so that these victims at least receive support from within the companies.
These are my personal views; others are welcome to comment and suggest.
Monit
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Ram Balak I don’t think HR people are sensitized enough otherwise why HR person of WIPRO got accused in false case (?) there need to be more awareness
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Bal_sandipani says:
"THERE NEED TO BE MORE AWARENESS"
Now IT sector in India is Targeted for Similar Blackmail and Extortion
by Misusing Section 498A of IPC and DV Act.
MISUSE of section 498A laws has become so serious that the
United States Department of State has published the travel warning
on its Web site, http://travel.state.gov, for travellers to India.
Angela Aggeler, a spokesperson for the State Department
in Washington, D.C., says that “American citizens of Indian Origin
are often extremely desirable” to Indian families with marriageable
daughters.
Aggeler, who has lived in India, says she empathises with citizens in
this predicament. “I know how complicated the law is in India,” she says.
Aggeler says the State Department decided to publish the travel warning
after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol .
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 's inability to provide an immigrant visa for the prospective spouse to travel immediately to the
united states.
The courts sometimes order the 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.
From United States, Philadelphia
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"THERE NEED TO BE MORE AWARENESS"
Now IT sector in India is Targeted for Similar Blackmail and Extortion
by Misusing Section 498A of IPC and DV Act.
MISUSE of section 498A laws has become so serious that the
United States Department of State has published the travel warning
on its Web site, http://travel.state.gov, for travellers to India.
Angela Aggeler, a spokesperson for the State Department
in Washington, D.C., says that “American citizens of Indian Origin
are often extremely desirable” to Indian families with marriageable
daughters.
Aggeler, who has lived in India, says she empathises with citizens in
this predicament. “I know how complicated the law is in India,” she says.
Aggeler says the State Department decided to publish the travel warning
after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol .
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 's inability to provide an immigrant visa for the prospective spouse to travel immediately to the
united states.
The courts sometimes order the 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.
From United States, Philadelphia
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Dear all,
By now this topic has been viewed 1220 times and about some 20 have participated in the discussion. Every one feels the seriousness the problem and may suggestions have to contain the malady which need to be discussed and implemented. I hope in due course more and more will participate in the discussion.As one among all I too have my insight and to start with here I am pesting below the Article 51-A of the Constitution of India which needs to be amended by a word and a conjuction:
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
The ammendment needed under (e) is that "and man" be added at the end.
Please post your views.
regards
From India, Delhi
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By now this topic has been viewed 1220 times and about some 20 have participated in the discussion. Every one feels the seriousness the problem and may suggestions have to contain the malady which need to be discussed and implemented. I hope in due course more and more will participate in the discussion.As one among all I too have my insight and to start with here I am pesting below the Article 51-A of the Constitution of India which needs to be amended by a word and a conjuction:
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
The ammendment needed under (e) is that "and man" be added at the end.
Please post your views.
regards
From India, Delhi
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http://www.saveindianfamily.org/blogs/
Tripti Nigam is so greedy person that she physically and emotionally tortured her hapless husband Gaurav and her in-laws so that the house and the car are transferred in her name. How can a woman stoop so low? What dignity is left in a woman if she does not respect her husband? She is a black dirty stamp on womanhood.
First, she made a false complaint of dowry harassment on her husband and in-laws after which Gaurav decided to divorce her. She thought that if Gaurav and his parents spend a day or two in jail then maybe they will breakdown and transfer the house and the car in her name. But she didn’t get enough pleasure in torturing Gaurav. She decided to use the power of DV Act, which is enacted exclusively to be misused. As Renuka Choudhary said, “It is not a bad idea if men suffer.”
She accuses Gaurav and also Azim Premji, his employer. She alleges that because of dating allowance given to Gaurav, he wants divorce. Much to her surprise and a big blow to her conspiracy, Wipro announced that they give no such dating allowance to their employees. Tripti lied. She is a liar and trying to extort money from the corporate chief. How sick!!!
Gaurav was not alone. NGOs like Asha Kiran and Save Indian Family Foundation organized a press conference for Gaurav allowing the people to hear his side of the story. Gaurav revealed that on several occasions, his wife Tripti used to beaten him up. On this Tripti says that no educated man would tolerate such things and therefore Gaurav is lying. Well, Tripti is forgetting that only an educated man would tolerate this because he is mature enough to take such things in his stride instead of attacking her back and sending her to hospital. Gaurav not hitting her back shows his respect for women. Besides, if she thinks that educated people don’t do such things, then what is she? It seems she wants to say that she isn’t educated at all. Moreover, she doesn’t have any respect for her husband and that shows her character.
Meanwhile, press continues to mitigate the situation by showing only Tripti’s side of the story since they have to comply by the agenda of appeasing women’s group. They are trying to give legal mileage to Tripti’s case by concealing the truth about how Tripti has physically and emotionally tortured Gaurav. Press will remain incorrigible.
It is time that Azim Premji, who was once the richest man in the country and who also won Padma Bhushan award in 2005, should sue Tripti Nigam for attempt to defame him and his company. Azim Premji should demand monetary compensation from Tripti for trying to damage his and Wipro’s image. They are taking their own time maybe because women’s groups are requesting him to forgive Tripti.
Meanwhile, many companies are now apprehensive about the way DV Act can be used against anybody by a woman. There is a nagging fear in married men now because DV Act is enacted to allow women to violate all fundamental rights of men legally.
Renuka Choudhary said, “This DV Act will not harm good husband.” She really knows what she is talking about because for her a good husband is he who lives like a slave to his wife. That is what she and all women’s groups want that to happen legally. They want to enact such legal provisions for women in the name of so-called ‘rights’ that women will get powerful enough to send their husband and in-law behind bars if her demands are not met. This is dowry, where a woman is given so-called ‘rights’ to demand anything from her husband, and if he doesn’t agree, he will be sent to jail on a false complaint using laws created exclusively for this purpose.
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From India, Mumbai
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Tripti Nigam is so greedy person that she physically and emotionally tortured her hapless husband Gaurav and her in-laws so that the house and the car are transferred in her name. How can a woman stoop so low? What dignity is left in a woman if she does not respect her husband? She is a black dirty stamp on womanhood.
First, she made a false complaint of dowry harassment on her husband and in-laws after which Gaurav decided to divorce her. She thought that if Gaurav and his parents spend a day or two in jail then maybe they will breakdown and transfer the house and the car in her name. But she didn’t get enough pleasure in torturing Gaurav. She decided to use the power of DV Act, which is enacted exclusively to be misused. As Renuka Choudhary said, “It is not a bad idea if men suffer.”
She accuses Gaurav and also Azim Premji, his employer. She alleges that because of dating allowance given to Gaurav, he wants divorce. Much to her surprise and a big blow to her conspiracy, Wipro announced that they give no such dating allowance to their employees. Tripti lied. She is a liar and trying to extort money from the corporate chief. How sick!!!
Gaurav was not alone. NGOs like Asha Kiran and Save Indian Family Foundation organized a press conference for Gaurav allowing the people to hear his side of the story. Gaurav revealed that on several occasions, his wife Tripti used to beaten him up. On this Tripti says that no educated man would tolerate such things and therefore Gaurav is lying. Well, Tripti is forgetting that only an educated man would tolerate this because he is mature enough to take such things in his stride instead of attacking her back and sending her to hospital. Gaurav not hitting her back shows his respect for women. Besides, if she thinks that educated people don’t do such things, then what is she? It seems she wants to say that she isn’t educated at all. Moreover, she doesn’t have any respect for her husband and that shows her character.
Meanwhile, press continues to mitigate the situation by showing only Tripti’s side of the story since they have to comply by the agenda of appeasing women’s group. They are trying to give legal mileage to Tripti’s case by concealing the truth about how Tripti has physically and emotionally tortured Gaurav. Press will remain incorrigible.
It is time that Azim Premji, who was once the richest man in the country and who also won Padma Bhushan award in 2005, should sue Tripti Nigam for attempt to defame him and his company. Azim Premji should demand monetary compensation from Tripti for trying to damage his and Wipro’s image. They are taking their own time maybe because women’s groups are requesting him to forgive Tripti.
Meanwhile, many companies are now apprehensive about the way DV Act can be used against anybody by a woman. There is a nagging fear in married men now because DV Act is enacted to allow women to violate all fundamental rights of men legally.
Renuka Choudhary said, “This DV Act will not harm good husband.” She really knows what she is talking about because for her a good husband is he who lives like a slave to his wife. That is what she and all women’s groups want that to happen legally. They want to enact such legal provisions for women in the name of so-called ‘rights’ that women will get powerful enough to send their husband and in-law behind bars if her demands are not met. This is dowry, where a woman is given so-called ‘rights’ to demand anything from her husband, and if he doesn’t agree, he will be sent to jail on a false complaint using laws created exclusively for this purpose.
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From India, Mumbai
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Hi, I do not think dating allowance has something to do with it. If the guy/girl has to flirt, he/she will, whether he/she gets the allowance or not.
In my opinion, dating allowance is just one of the perks in the compensation package to attract personnel. If I think about it deeply, then Traveling allowance/Annual holiday package should also be questionable as these can also be used in the wrong way. What I think is the name given to this allowance is wrong. It would be appropriate if it was titled as Entertainment allowance.
Now, he/she entertains his/her spouse, parents, children, or friends. It is entirely the decision of the person getting the allowance and not the company, for God's sake.
Hanu
From India, Gurgaon
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In my opinion, dating allowance is just one of the perks in the compensation package to attract personnel. If I think about it deeply, then Traveling allowance/Annual holiday package should also be questionable as these can also be used in the wrong way. What I think is the name given to this allowance is wrong. It would be appropriate if it was titled as Entertainment allowance.
Now, he/she entertains his/her spouse, parents, children, or friends. It is entirely the decision of the person getting the allowance and not the company, for God's sake.
Hanu
From India, Gurgaon
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I read the two articles posted by Rebel Ji and Hanu Ji. This is about the DV Act. After Article 51A of the Constitution of India, I shall come to the DV Act.
Article 51A was inserted in 1976 during the emergency in the country. The article was beautifully drafted, leaving a vacuum for the dignity of men. From here, psychologically, gender imbalances begin. Now there is an urgent necessity to correct that imbalance in the mindset for the reversal of the situation, that is, for gender equality before the law.
Once an amendment bill was proposed to add the words "and men" in Article 51-A(e), the gender imbalance started to balance. So please take it seriously.
Regards
From India, Delhi
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Article 51A was inserted in 1976 during the emergency in the country. The article was beautifully drafted, leaving a vacuum for the dignity of men. From here, psychologically, gender imbalances begin. Now there is an urgent necessity to correct that imbalance in the mindset for the reversal of the situation, that is, for gender equality before the law.
Once an amendment bill was proposed to add the words "and men" in Article 51-A(e), the gender imbalance started to balance. So please take it seriously.
Regards
From India, Delhi
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I totally agree with Dr. Mahanta. The imbalance created in 51A should be balanced by adding "and men" under (e).
I cannot and will not rule out the possibility of misuse of the laws made to help women.
Hanu
From India, Gurgaon
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I cannot and will not rule out the possibility of misuse of the laws made to help women.
Hanu
From India, Gurgaon
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Thank you Hanu ji. Dear all, After receiving views on this amendment we shall move to DV act. Please post your views on Article 51-A(e) amendment. regards
From India, Delhi
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From India, Delhi
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(e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
To renounce practices derogatory to the dignity of men is not a fundamental duty as per our constitution. What do you, dear women folk here, think of it?
Regards
From India, Delhi
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To renounce practices derogatory to the dignity of men is not a fundamental duty as per our constitution. What do you, dear women folk here, think of it?
Regards
From India, Delhi
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Just because cases are dropped against two, the feminist cloud is not over. It is a straight fight between women and men. Now, please go through the definition of domestic violence under Section 3 and definitions (a) and (q) under Section 2 of the DV Act and calculate your probability of safety:
(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;
Regards
From India, Delhi
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(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;
Regards
From India, Delhi
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My question to everybody: How did the case get registered in the first place? Is there no check if a woman files a case? Why did the court issue summons as technically Premji is not related to them? This can be used to harass men by women. What protection is available to men from such harassment? Is there any organization available for men like NCW (National Commission for Women)? Is there any ministry available for men like the Department of Women and Child Welfare? Where can men go if they are harassed?
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Very right questions are raised by Sandipani ji. The answers to these questions will reveal how feminism has become a Jean from which escape is impossible. regards
From India, Delhi
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From India, Delhi
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I saw some videos here related to IPC 498a at http://www.498a.org/video.htm.
News can be found at http://www.498a.org/news.htm.
For the blog, visit http://www.saveindianfamily.org/blogs/ (with Gaurav's picture).
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News can be found at http://www.498a.org/news.htm.
For the blog, visit http://www.saveindianfamily.org/blogs/ (with Gaurav's picture).
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Domestic violence Against Husbands on increase in the city , Bangalore.
Thousands of techie's sorry tale of being beaten up by his wife made us think behond resonable that women are misusing laws (a little too flabbergasting considering the fact that the `victim' just needed to take a peek into the history and draw inspiration to bash up his wife in retaliation!), digest this: on an average, more than 170 married men are lost their life each month in Bangalore district due to their abusive wives.
For God’s sake, please look at Suicide Statistics of males and females in SIF-Statistics Page(Please click here).
“These are the statistics emanating from Crime Bureau registered data alone and do not include the cases admitted at private Hospital, many upper class people go to private hospitals where such cases are easily hushed up with the help of corrupt police who push them into ‘unnatural deaths’ ledgers,” says Sumanth of Save Indian Family Foundation, the NGO Asha Kiran that spearheaded the campaign to stop the “Legal Terrorism of India” with reference to Supreme Court of India’s observations, against dowry - Section 498 A – to be corrected.”
What's more, although most of the victims die, less than 2 percent of the cases (only 3 to 4 cases) get registered in a month.
Dowry demand by Modern Wives in the form of New Car and New Houses, tops the list of the crimes, followed by dishonest wife’s adulterate, demand for whole sale free lenience to kill the child before they born etc.
These figures do not include cases of hanging, poisoning and Proxy murder by their Boy friends.
These are not not cooked-up statistics nor those churned out of tinpot surveys or haphazard SMS polls.
From India, Delhi
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Thousands of techie's sorry tale of being beaten up by his wife made us think behond resonable that women are misusing laws (a little too flabbergasting considering the fact that the `victim' just needed to take a peek into the history and draw inspiration to bash up his wife in retaliation!), digest this: on an average, more than 170 married men are lost their life each month in Bangalore district due to their abusive wives.
For God’s sake, please look at Suicide Statistics of males and females in SIF-Statistics Page(Please click here).
“These are the statistics emanating from Crime Bureau registered data alone and do not include the cases admitted at private Hospital, many upper class people go to private hospitals where such cases are easily hushed up with the help of corrupt police who push them into ‘unnatural deaths’ ledgers,” says Sumanth of Save Indian Family Foundation, the NGO Asha Kiran that spearheaded the campaign to stop the “Legal Terrorism of India” with reference to Supreme Court of India’s observations, against dowry - Section 498 A – to be corrected.”
What's more, although most of the victims die, less than 2 percent of the cases (only 3 to 4 cases) get registered in a month.
Dowry demand by Modern Wives in the form of New Car and New Houses, tops the list of the crimes, followed by dishonest wife’s adulterate, demand for whole sale free lenience to kill the child before they born etc.
These figures do not include cases of hanging, poisoning and Proxy murder by their Boy friends.
These are not not cooked-up statistics nor those churned out of tinpot surveys or haphazard SMS polls.
From India, Delhi
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"Gaurav's wife Tripti submitted an application to the Chief Metropolitan Magistrate, asking him to permit her to withdraw the names of Premji and Kumar from the case."
That is the latest update. Now, my dear, please reply: What is this? Can anyone put someone's name and withdraw it as they wish? What type of justice system do we have in our country? Is the media listening to this? Who will pay the price for the defamation and damage done to the "Wipro" work culture? Or was it a planned move to ensure that Gaurav should lose his job? Let the whole nation decide. CNN IBN must take the interview of Gaurav and his situation and let the whole nation fight for justice for Gaurav and his parents. This is a simple misuse of the law, which is clear legal terrorism, nothing else.
From India, Delhi
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That is the latest update. Now, my dear, please reply: What is this? Can anyone put someone's name and withdraw it as they wish? What type of justice system do we have in our country? Is the media listening to this? Who will pay the price for the defamation and damage done to the "Wipro" work culture? Or was it a planned move to ensure that Gaurav should lose his job? Let the whole nation decide. CNN IBN must take the interview of Gaurav and his situation and let the whole nation fight for justice for Gaurav and his parents. This is a simple misuse of the law, which is clear legal terrorism, nothing else.
From India, Delhi
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Sidheshwar ji,
You can go to the Google search, all the information you will get.
Now the second thing is, there is no direct punishment if anyone is found to be false and, in addition to that, no evidence is required to file any case.
See the example of the Tripti case.
First, she filed the 498a and sent her husband's mother behind bars.
Then her husband went to the high court, the proceeding stay he got.
Then she filed the Domestic Violence Act, her husband again went to the high court, got a stay.
As all the claims are white lies, which even a small child can understand.
Now she wants to blame her own mistake on "Wipro" and also wants to ensure that her husband must lose the job.
So intentionally she filed this case and dragged the Premji Name.
Result, her husband under pressure, but see when her husband preferred to speak up in the media, till the time she was coming always, she changed her stand and withdrew the case.
But please tell me the damage she had done to her husband and Wipro's work culture, will they get a return?
And see our judges, simply allow her to withdraw the case, without asking a single question?
So the question is, are our laws made for a "Joke" or like ordering Pizza?
Here I think, Wipro must set an example by filing a defamation and damage case, so that other people should not dare to do such a silly thing to defame a company's work culture and someone's career.
Please understand any dishonest woman can drag any HR manager (let it be men/women) of any company as per the present Domestic Violence LAW.
The law is so badly drafted that it will be a paradise for Indian crook lawyers to earn money by such acts if corporate managers do not take immediate steps.
From India, Delhi
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You can go to the Google search, all the information you will get.
Now the second thing is, there is no direct punishment if anyone is found to be false and, in addition to that, no evidence is required to file any case.
See the example of the Tripti case.
First, she filed the 498a and sent her husband's mother behind bars.
Then her husband went to the high court, the proceeding stay he got.
Then she filed the Domestic Violence Act, her husband again went to the high court, got a stay.
As all the claims are white lies, which even a small child can understand.
Now she wants to blame her own mistake on "Wipro" and also wants to ensure that her husband must lose the job.
So intentionally she filed this case and dragged the Premji Name.
Result, her husband under pressure, but see when her husband preferred to speak up in the media, till the time she was coming always, she changed her stand and withdrew the case.
But please tell me the damage she had done to her husband and Wipro's work culture, will they get a return?
And see our judges, simply allow her to withdraw the case, without asking a single question?
So the question is, are our laws made for a "Joke" or like ordering Pizza?
Here I think, Wipro must set an example by filing a defamation and damage case, so that other people should not dare to do such a silly thing to defame a company's work culture and someone's career.
Please understand any dishonest woman can drag any HR manager (let it be men/women) of any company as per the present Domestic Violence LAW.
The law is so badly drafted that it will be a paradise for Indian crook lawyers to earn money by such acts if corporate managers do not take immediate steps.
From India, Delhi
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Friend, what you are talking about is Domestic Harmony, something that Indian Men's and Family Rights Groups have been discussing. Ironically, the SaveIndianFamily Helpline also receives many calls from husbands where the wife is working in the same department and has filed a 498a and Adultery case against him. The husband has been arrested based on the wife's statement.
In Gaurav's case, a false 498a was filed in the pre-DV era, and the moment DV came into the picture, it was ambitiously misused as a shield. If the law is loose, misuse will prevail. How can we prevent misuse by touring husbands? This is where a balance in the law is needed, in my humble opinion. - Jinesh.
Hi everybody,
Why not consider employing married couples in the same company and extending the working hours of the family as a whole? Making life simpler for families by implementing the following acts:
- Having food courts in the workplace
- Baby care center within the working premises
- Allowing mothers and fathers to visit their children every 3-4 hours for about 15-20 minutes
- Providing tutorials for children within the work premises
- Yoga centers
Implementing these measures and many more would increase commitment towards family, which in turn would enhance Emotional Intelligence (EI) in the organization. The workplace should feel more homely.
The negativities of the DV Act and dating are manifestations of mental dissatisfaction among employees, leading them to seek shelter in other issues. Let us embrace and promote the glorious Indian culture!
These are some thoughts that occurred to me instantaneously, which I wanted to share with you all!
Thanks & regards,
Perumal
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In Gaurav's case, a false 498a was filed in the pre-DV era, and the moment DV came into the picture, it was ambitiously misused as a shield. If the law is loose, misuse will prevail. How can we prevent misuse by touring husbands? This is where a balance in the law is needed, in my humble opinion. - Jinesh.
Hi everybody,
Why not consider employing married couples in the same company and extending the working hours of the family as a whole? Making life simpler for families by implementing the following acts:
- Having food courts in the workplace
- Baby care center within the working premises
- Allowing mothers and fathers to visit their children every 3-4 hours for about 15-20 minutes
- Providing tutorials for children within the work premises
- Yoga centers
Implementing these measures and many more would increase commitment towards family, which in turn would enhance Emotional Intelligence (EI) in the organization. The workplace should feel more homely.
The negativities of the DV Act and dating are manifestations of mental dissatisfaction among employees, leading them to seek shelter in other issues. Let us embrace and promote the glorious Indian culture!
These are some thoughts that occurred to me instantaneously, which I wanted to share with you all!
Thanks & regards,
Perumal
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The judicial system must strongly deal with frivolous complaints and prosecutions for wasting the court's precious time and putting a financial burden on the public exchequer.
Preventing the miscarriage of justice is just as much the work of the courts as it is their duty to uphold the law of the land.
The acquittal does not erase the ignominy suffered by the innocent accused and their families who were arrested without bail and jailed without committing any offense under Section 498A of the Indian Penal Code.
Perjury (a false statement made under oath) undermines the legal process as distorting the truth is a 'crime against justice.' It is time for the courts to 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 must be thwarted as they are aiding and abetting the miscarriage of justice.
From United States, Philadelphia
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Preventing the miscarriage of justice is just as much the work of the courts as it is their duty to uphold the law of the land.
The acquittal does not erase the ignominy suffered by the innocent accused and their families who were arrested without bail and jailed without committing any offense under Section 498A of the Indian Penal Code.
Perjury (a false statement made under oath) undermines the legal process as distorting the truth is a 'crime against justice.' It is time for the courts to 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 must be thwarted as they are aiding and abetting the miscarriage of justice.
From United States, Philadelphia
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Jinish,
Well said.
But the reality is, husband killing is not a crime in this country.
See the statistics, husbands are getting killed 2.5 times higher than wives. UN is giving false statistics. It seems in India, husband killing is a social welfare, as I have seen some of the husband killers getting movie awards, government awards.
So, it is time Indian husbands have to fight for justice the way Gaurav does.
Latest update:
Gaurav's wife dropped the case against Premji, but the judge had not asked a single question or imposed any fine?
Wonder if the same had been done by a husband, what would have been the reaction from the media!
Why should the lawyers not be sacked, who are masterminding this dirty game plan?
Why should the women organizations, who advised Tripti to play this dirty game, not be closed?
A lot of questions remain unanswered.
Wonder, if a husband puts an allegation against his wife, the way Tripti had done against Gaurav, will we have to keep mum?
Think and act, all our respected group members here.
Let's fight for truth irrespective of any sex or gender.
From India, Delhi
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Well said.
But the reality is, husband killing is not a crime in this country.
See the statistics, husbands are getting killed 2.5 times higher than wives. UN is giving false statistics. It seems in India, husband killing is a social welfare, as I have seen some of the husband killers getting movie awards, government awards.
So, it is time Indian husbands have to fight for justice the way Gaurav does.
Latest update:
Gaurav's wife dropped the case against Premji, but the judge had not asked a single question or imposed any fine?
Wonder if the same had been done by a husband, what would have been the reaction from the media!
Why should the lawyers not be sacked, who are masterminding this dirty game plan?
Why should the women organizations, who advised Tripti to play this dirty game, not be closed?
A lot of questions remain unanswered.
Wonder, if a husband puts an allegation against his wife, the way Tripti had done against Gaurav, will we have to keep mum?
Think and act, all our respected group members here.
Let's fight for truth irrespective of any sex or gender.
From India, Delhi
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I read the sad fact that now Tripti wants her husband back. Then why did she file a 498A and got his old parents arrested for 3 days? I guess it was the famous "Friday Formula." Then, the misuse of DV, and now, when all fails, I read she wants to come back. Sadly, a guy's complaint can at max become a non-cognizable offense that does not count in the national statistics of crimes against men, whereas a woman's false complaint is also taken into consideration as a criminal complaint that builds into statistics of national crimes against women, thus misleading the junta. A live example is Gaurav's. Why aren't the courts punishing the misusers suo-moto rather than putting the onus on the exhausted victim? The Hindi movie "Aitraaz" was inspired by such events in real life where there are no sections in the IPC exclusively for males against a lady. Well, forget the filmi blend, but the reality of lies was exposed, and for the family of husbands, there is a lot to be cautious about.
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Why aren't the courts punishing the misusers suo-moto rather than putting the onus on the exhausted victim?
The hurdle lies in Cr.P.C. 195. For the above, Section 340 Cr.P.C. should be repealed. Section 195 Cr.P.C. should be amended to make trial and punishment against perjury mandatory (currently discretionary), and the power of trial and punishment should be vested in the judge in whose court perjury is committed (currently, they can only be a complainant and get involved in litigation, which no judge wants).
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From India, Delhi
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The hurdle lies in Cr.P.C. 195. For the above, Section 340 Cr.P.C. should be repealed. Section 195 Cr.P.C. should be amended to make trial and punishment against perjury mandatory (currently discretionary), and the power of trial and punishment should be vested in the judge in whose court perjury is committed (currently, they can only be a complainant and get involved in litigation, which no judge wants).
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From India, Delhi
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And thus, leaving the so-called bechari with the option of a trial of misuse, thus adding false statistics and going scot-free.
Thus leaving the Indian husbands and his family members at the mercy of the interpretation of the wife and no reality check and with only 2 options...
- henpecked
- handcuffed
After repeated attempts to bring our attention, why is the government pretending to sleep? Any scam?
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Thus leaving the Indian husbands and his family members at the mercy of the interpretation of the wife and no reality check and with only 2 options...
- henpecked
- handcuffed
After repeated attempts to bring our attention, why is the government pretending to sleep? Any scam?
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This imbalance of one-sided immediate arrests without a reality check also defeats the legal maxim that states, "A thousand guilty men may escape the clutches of law but one innocent should not be punished for the crime that he has not committed."
498a is wife-centric and not women-centric as it arrests the women (mother and sister of the husband) too for investigation. In DV, the complainant cannot be male, the respondent cannot be female (mothers and sisters of the husband seem to be exceptions if the wife is complaining) as mother and sister of the husband, along with the husband, were arrested in Pune recently under DV. According to the law books, the wife cannot be guilty as there are no special provisions to initiate prosecution against her if guilty. Gosh, what an imbalance and what an insult to Indian men.
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498a is wife-centric and not women-centric as it arrests the women (mother and sister of the husband) too for investigation. In DV, the complainant cannot be male, the respondent cannot be female (mothers and sisters of the husband seem to be exceptions if the wife is complaining) as mother and sister of the husband, along with the husband, were arrested in Pune recently under DV. According to the law books, the wife cannot be guilty as there are no special provisions to initiate prosecution against her if guilty. Gosh, what an imbalance and what an insult to Indian men.
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To start repairing imbalances, earlier in this thread, I have suggested an amendment to Article 51-A(e) of the Constitution of India, from which the imbalances started in 1976. It requires the addition of just "and men." On principle, I think everyone will support this, but to add these two words, a bill needs to be introduced in the parliament and passed with a 2/3rd majority of the present members.
What do you think?
Regards
From India, Delhi
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What do you think?
Regards
From India, Delhi
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