Sunday, March 6, 2016

EPF : Tyranny of the un-elected, Lessons for electors

Sample this for a travel:
Official: Where's your ticket?
You: Hey here, I paid for the ticket and the tax
Official: Well, darling, you don't know how to travel so, new tax rules applicable, after booking, for your own safety
You: WT...$%@#
Another:
How do you make something look good?  Simple, turn the next available comparable good thing into ugly!
(And believing Mr. Jaitley when he makes such an amendment makes it so easy to love "good"!!)

Let's start with pointing out the bigotry and confusion first:

Mr. Jaitley:

While in opposition , he demanded minimum IT slab should be fixed at 5-lakhs and that was 2 years back!!
BJP leaders kept targeting UPA govt on fiscal deficit, inflation, fuel price hike, Re-Dollar exchange rate etc.



While in power:
No changes in tax slabs; imposition of various additional taxes, excise and cess!
Despite having most benign commodity prices, including fuel, witnessed in past decade, struggling to keep inflation and fiscal deficit under check, domestic fuel prices not coming down, and middle class burdened with huge taxation, nothing much on the Re-Dollar front too!

Mr. Jayant Sinha:
MoS Finance first expressed helplessness conveying that ALL long term savings product need similar tax treatment, then next day clarifies that PPF will continue to remain tax-free:



















What the Budget speech text says:                                        




 Clarification


And this is how the public reacted:

Before ascertaining the real intentions, let's look at some earlier and recent developments:
  • Direct Tax Code was proposed few years back, arguing to move to EET regime of taxation. Good on paper, but very problematic NPS was introduced even before DTC on this EET principle and, knowing well that most people may not be interested to go NPS way, govt servants were pushed to this scheme (still better than EPS though)
  • To encourage NPS contributions, Budget 2015 increased limit of NPS investment and provided additional tax-exemption, even for non-salaried persons.
  • Budget 2015 also did away with the minimum EPF contribution required from employee salary for those earning below some level of income
  • Again in Budget 2015 speech, Mr. Jaitley himself said "It has been remarked that both EPF and ESI have hostages, rather than clients"
  • Few days before the budget, the EPF withdrawal rules were unilaterally modified without any consultations with anyone.
  • Economic Survey painted the tax payers as rich and sort of villains, seemingly gaining from the subsidies which should be used by poor. (Interesting to note in this Survey, gold consumption is heavy in villages too, no rich asked to not tax the gold. Also, ATF taxed below petrol, because petrol was heavily loaded with taxes, courtesy Mr.Jaitley. It's amusing that something of the govt own wrong-doings is blamed on the tax-payers/rich.)
  • But, Economic Survey also argued to make EPF contribution voluntary for low-income group to help them make their own decision 
  • As per news from Seventh Pay Commission, lowest monthly pay of govt employees will be upwards of Rs. 18,000/- (not withstanding the automatic DA increases half-yearly/quarterly)
  • Budget speech made an announcement that govt will bear the employer component of EPF contribution for 3 years for new jobs created in low-wage (sub Rs 15K pm) categories... (Hey, some companies like Infy, TCS, etc have entry level packages for engineers in this range, wonder if these "rich" will be allowed to corner that contribution? Those who think I'm blabbering, check for yourselves some survey data here for entry level Software developer pay-scale)

Conclusions drawn and question that arise are:
  • Govt is definitely not happy with tax-payers earning tax-free interest anywhere, even though tax has already been paid on the principal before investment 
  • By some strange logic, EPF contribution should be coercive for higher income group (HIG) but not for the lower income group (LIG)? Tax be levied on 60% EPF corpus of HIG to coerce them to move to annuity but, not on LIG? Who is more vulnerable : HIG or LIG? So, LIG should have choice to wither away the EPF corpus but HIG be restrained? This is a sure shot win-win for govt, here's why:
  • LIG will "consume" the EPF corpus and be back to govt for various doles and thus a forever exploitable vote-bank for govt
  • HIG corpus for annuity will go to some govt controlled or private players - good employment for lazy govt staff or else good quid pro quo opportunity thru licenses for private fund manager companies, excellent way to attract FDI from MNC Insurance and Pension funds
  • The claim that contribution to Annuity will be tax-free is again half-truth - Annuity is again EET - i.e. the monthly payout from annuity is tax deductible and again, as per the income slab
  • Talking about slab, dear FM, can you please tell me, when I have no job at the end of 60yrs, or because of voluntary retirement or termination, how will you decide the slab? Why should the highest slab still be applicable when I have no job altogether at the time of withdrawal
  • Similar question on slab regarding Rs 15,000/- income group tax exempted EPF -- this 15K will be considered at the time of first entry to EPF or at the time of exit from EPF or will change dynamically year on year based on that year's income?
  • Why should I not get the benefit of indexation on EPF corpus?
  • At the time of entry rules are different, then while changing rules, why should I not get an exit option? Even black-money hoarders are being given an option to keep their money, why not an honest tax-payer like me?
  • If intention was not tax-extortion, what was the need to first change the withdrawal rules and then announce EPF taxation?
  • The current EPS scheme is a complete black-hole, I tried to read and understand, but I still don't know how I'll get the pension given I've changed a couple of jobs and the EPS fund is not transferable. If Mr. Jaitley is really serious about "pensioned society", start from overhauling EPS, let that contribution be transferred to NPS first before touching the EPF
  • Articles upon articles have been written about the well-intentioned-but-stupid product NPS. Why can't govt remove the negative points from NPS first and then talk about pensioned society? Too much to ask? (Infact, there's now admission from the horse's mouth, excerpt below)
  • Even otherwise, the move is obnoxious given that majority of the tax (75%) is being paid by top 5.6% tax-payers in the 10-20 lakhs slabs, yet they should again be burdened with extra EPF tax!! (BTW, this 5.6% of all tax-payer means, less than 20 lakhs people i.e. 0.2% of overall population!! Please these are people not companies unto themselves; it's amusing that companies with this kind of income get numerous exemptions {apart from black money generation}, but zilch available for these set of tax-payers who are taxed at source)
  • The press release shared by Mr. Jayant Sinha, gives an impression that govt employees will be excluded from proposed EPF tax notwithstanding their pay-scale. Perfectly legit, given that most of us, including the govt, knows that govt servants generate enough black-money thru corruption which will see them off without any need of pension. Right?!
  • Govt want to squeal every bit out from "high-earning" private employees but, is govt oblivious of the fact that given current slowdown and even otherwise, e.g. due to individual/company performance, business wind-up etc, these private employees lose their jobs altogether, while govt employees enjoy continuous job. Hey, but tax incidence is on private employees! Given Mr. Jaitley is so very ready to extort this lot, is there any scheme to help them in their difficult phase? NO!!
Above queries definitely give a hint that real intention is tax-extortion only!!

Enormity of Tax incidence
Given that absurd statements from Ministry that the EPF tax is not much, let's see a simplistic illustration of 2 cases, assuming fixed income through-out employment tenure and 8.5% p.a. as EPF interest rate :
For a person in private job, assuming his total monthly (self + employer) contribution to EPF is Rs 1,000/- per month, i.e. Rs 12,000/- yearly contribution and another person with Rs 1.5 lakhs per year contribution (i.e. the pain point threshold for govt):
*Tax has been calculated as slab rate (10% or 30%) of 60% EPF interest
So, you see, the enormous robbing effect of this EPF tax .. the longer you serve, the more you get robbed! Just ask anyone showing this data, whether he would be happy to be forced to invest in such a scheme!!

(silver-lining: may be govt wants private sector employee to shun his job and start #MakeInIndia to save on taxes :-) )

If the govt is really serious about the post-retirement pension income, then bring in a full blown EPF reform altogether. Remove the coercive clauses regarding contribution. I'll use the 1.5lakh limit for other purposes like tuition fee of children, insurance etc. and invest the PF money into some PPF or other market-linked instruments like MIP, ELSS etc.
Make provisions for MFs to start a Debt Linked Savings Scheme on the lines of ELSS, where the returns are market linked and profits completely tax-free after certain lock-in period.

Tax me once, don't keep coming back to milk us salaried middle-class honest tax-payers!
Though, yes, we did learn in a bitter way how costly are the dreams that Mr. Modi painted in various election rallies - situation would have been different if we knew these taxes are coming our way first before any action on the corrupts, business cronies etc.

Request/Suggestions to FM/PM

I would like to sum-up with following :
*  Make EPF contributions completely voluntary, may be, except for some small fixed upper ceiling of upto Rs 5,000/- pm
*  Roll back the EPF tax completely. If you find it difficult to avoid the EPF tax lust, please:
  1. Give a break for 1 Financial year, use it for public consultation, and give option to people to withdraw existing EPF savings without tax 
  2. For future contributions allow indexation benefit at the time of exit 
  3. Remove negative points from NPS, instead of destroying EPF like NPS
  4. Bring in clarity on applicability of slabs at the time of withdrawal
  5. If you want tax of your choice, give me the investment freedom of my choice
*  Roll back the recently introduced withdrawal rules
*  Bring in attractive annuity schemes, such that people voluntarily opt for it
*  Bring in DLSS (Debt Linked Saving Scheme) on the lines of ELSS
*  Overhaul the EPS, black-hole, allow transfers and portability to NPS


(Disclaimer: I used to be a BJP supporter, but given the slew of taxes imposed and non-action on cronies/corrupt by the current govt, I'm of the firm belief that BJP should not get majority in Rajya Sabha! I shudder to think how many more taxes will get imposed once the BJP gets full majority!) 

Thursday, April 30, 2015

Marital Rape : from country of rapists to Marital Rapists

Feminists have been demanding since long to include #MaritalRape in the Criminal code by shouting out a common myth - that no law in India deals with offence of Marital Rape.
I was just trying to understand as to why suddenly feminists have again started hue & cry on Marital Rape, following is what I could think of as plausible reasons that upset feminists and they are out, seeking vengeance:
  1. Supreme Court (SC) judgement in Arnesh Kumar vs State of Bihar seeking to curb unlawful arrests under IPC 498A - arrest is one of the most powerful tool to humiliate a man and coerce him into accepting his extortion!
  2. Curbs placed by current govt on funding of many feminist NGOs and their mastership - the Ford Foundation ; and you see even US is upset about such curbs (why??)
  3. Govt planning to make IPC498A bailable/compoundable - although this is just an eyewash given that IPC498A is already kind of compoundable thru CrPC 482 at High Court when wife's demands accepted by hubby/family. (Men's Right Activists are against making 498a as compoundable as it will only increase the misuse) 
  4. There's a private member bill from a Congress MP asking to make Marital Rape a criminal offence.
  5. BJP is particularly perceived as entrenched in ancient customs/traditions that are supposedly patriarchal/anti-women

I've no special love for current BJP govt coz I find no courage in BJP ministers to tackle feminists, much like their predecessors in govt. In private, MPs from most political parties including Congress and BJP admit that the laws are gender-biased and heavily tilted in favor of women, but also convey their incapacity to make amends for the fear of backlash from feminist. (Infact, we can praise UPA govt atleast on one count - they proposed a Criminal Amendment bill in 2012 that recognized sexual assault as a gender-neutral crime, though full specifics to handle abuse against men were missing!!) 
The latest debate on Marital Rape on NDTV is one such kind of backlash to paint that the govt is anti-women! 
(If interested, read how Ford Foundation funded various NGO's to create outrage, influence policy decisions and make laws in India. One important thing to note is the Lawyers' Collective, an NGO with links to former ASG of India, Indira Jaisingh, which was instrumental in pushing Domestic Violence Act)

Myth: No law in India deals with Marital Rape

Domestive Violence Act of 2006 does cover "Sexual Abuse" in a marriage - see for yourself section 3 of DVAct that defines different types of DV.
Some legal luminaries with feminist bent of mind suggest that DV Act is a Civil remedy alone - well the truth is the "clumsily" drafted DV act has ingredients of both Civil and Criminal procedure. Wife can approach the court and seek protection order against hubby, under section 18 of DVAct, even for the very first instance of sexual abuse. This will mostly negate any possibility of future sexual or any other abuse by the hubby and if he violates the protection order, he can be fined and land up in jail under section 31 of DVAct. (This is apart from monetary reliefs and compensation u/s 20 & 22 of this DVAct)
If the sexual abuse was encountered along with other physical violence, then apart from DVAct, there are sections under IPC for causing hurt, grievous hurt etc. that can be used to punish the husband. Also, as pointed by many the, much misused, IPC 498A is already available to help women undergoing physical and mental harassment, even if it is in the form of sexual abuse.
Unnatural sex committed on wife is covered under both IPC377 and DVAct.

After the codification of stricter Anti Rape laws the rate of #FalseRape cases has increased significantly - not that the rape laws were not heavily misused earlier, it's just that post Dec 16, 2012, with popular sentiment on women's side, many more women find it a good way to gain sympathy and make moolah. These laws have been now reduced to "coercing" marriage on boy-friend or mainly to threaten/extort opponents into submission.
After the Arnesh Kumar judgement by SC that seeks to curb wrongful arrests in IPC498A (not the IPC498A misuse, by the way), there's now increasing tendency by wives to implicate hubby's male family members into rape/molestation and the hubby in IPC 377.


Rhetoric: Husband should not treat marriage as a license to have sex with Wife

Fact of the matter is - the personal laws in India allow for restitution of conjugal rights through court intervention viz. section 9 of Hindu Marriage Act, section 22 of Special Marriage Act which simply mean that if one spouse starts living away from the company of partner (even under same roof) the aggrieved spouse can request family court to direct the spouse who has withdrawn itself from cohabitation to come back.
And these sections are gender-neutral in everyway - so if a hubby(wife) walks away from cohabitation, the wife(hubby) can ask court to give direction in favor of latter directing the former to join the company of latter. Not honoring this direction of court can lead to divorce. So, marriage is sort of a license to have sex, but granted equally to both spouses, you see!! 
Don't tell me that wives don't force their hubby to have sex!!
When a wife commits #MaritalRape
1) Husband does not have any options to report it as any crime or violence by wife against himself
2) If his stars are good, at best a hubby can get divorce against his abuser - "Court grants man divorce over wife's demand for excessive sex"

During MP outreach program, we met one MP who narrated story about his friend. This friend's wife used to suspect hubby, a businessman, so after end of long tiresome workdays daily when he reaches home his wife forces him to have sex with her to prove to her that he is not straying!!

Rhetoric: Misuse is because of implementation, no fault in laws

You'll always find that feminists keep passing the buck on law misuse to implementation agencies like police and courts!
Fact of the matter is that law mandates registration of complaints when made under women-centric laws - if police fails to register such complaints from women, they themselves will be at receiving end.
Courts have been systematically sympathetic to women complainants and seldom they act against false accuser/liar women complainants. Courts do not take suo motu cognizance of the lies by women, and reluctant to take action even when asked by respondent men. The acquittal orders of men are written in such a way that leaves little scope for the acquitted man to initiate any misuse proceedings against the liar woman. 


Rhetoric: There's very small misuse / all laws can be misused

Well, yes, it's plausible that there will be cases of error of judgement, or few deviant people misusing laws, but does it mean that blatant false cases should not be tackled? No safeguards be build to have fair process and protection for falsely accused? Even when there's large-scale misuse?
Here I storified some prominent #FalseRape cases, news and courts' concerns on misuse. (stopped updating it further as there are just too many to keep track with).
Here's what Delhi State Commission for Women had to say themselves - 53.2 per cent rape cases filed between April 2013-July 2014 false

Newspaper The Hindu ran a proper story on Rape cases in Delhi to check convictions and they were shocked to find that 75%+ cases were false and conviction happened in around 23.7% cases: Many shades of Rape in Delhi 

Now, don't assume that the misuse started only after more stringent Anti Rape Laws were passed - it had been going on since much earlier than that.
Domestic servant (maids) are known to use false Rape/Molestation for extortion 
Rape on second thought - article published in 2010 stating 74% false rape in Pune
Rape/Molestation laws being used by female criminals to run business - The drug lady of Mumbai 
There are many others in above storify link.

Here's a good read on why women lie about rape.

Rhetoric: Bowing down to Justice Verma Committee's biased reports, citing UN conventions etc

Feminists often cite UN conventions like CEDAW stating protection of women is paramount.
What they don't tell you is that gender-biased laws fail to uphold the much wider convention - the one of Human Rights - where Article 7, 10, 11, 12 etc, lay down that every human being should be treated equally, should have due process and access to justice, and be accorded equal protection by state. 
Any law which give protection to only one side based on "gender" and punishment to only the other side based on his "gender" is clearly discriminatory and violation or Article 7,8!
Article 11 is important, in that, it asks to make laws with "presumption of innocence until proven guilty".
Although, this is the general jurisprudence in India, but when it comes to women-centric laws, this jurisprudence is packed and dumped in seas - MEN are considered "guilty until proven innocent".
It's like cherry-picking by feminist - ask to enforce what fits their narrative while ignore the rest - and of course, Equality before law be damned!
Coming to Justice Verma committee report, suffice it to say that the way this report went beyond rape into any and everything that feminists (and even some anti-nationals) stand for - I was very suspicious of it from the time the report came out - shockingly the report suggested to review implementation of the Armed Forces Special Powers Act (AFSPA) in the insurgency prone areas of India. Why should a committee entrusted to work for women's protection be so worried about AFSPA implementation??

On Page 445, the report proposes to make a section 376F that basically puts vicarious liability of rape by a policeman/army personnel on his superior - logic(?? ) - feminists asked for it!!
See Pages 426-428 of the report that elaborates organizations/persons interacted with Justice Verma Committee, note how most of these are persons/organizations with feminist/communist backing and NO representation from Men's rights community despite MRA's sending many letters to the committee. 

These instances are sufficient for me to form an opinion that Verma committee was totally hijacked by feminists and narrates their twisted/biased agenda only - and the very same report is now being quoted by the same feminists to press for making/amending laws!
Good circus!

Rhetoric: Resorting to "fudged" stats

Remember the #OneBillionRising? Stats that purports to paint that 1-in-3 woman will face some sort of abuse. Or many similar other stats .. start here to understand how the stats are corrupted to fit/further feminist narrative - The corruption of research on domestic violence , Lies, damned lies and Rape statistics  and Refuting 40years of lies about DV

And feminists/media out rightly ignore any study that tells the other side, e.g. Harvard study showing 70% of DV is committed by women against Men 

There were earlier attempts to tar India as a nation of rapes and rapists and rape culture - thru various news reports and also documentary on Dec 16 gang-rape case. However, social media exposed the bias against India and showed to the world the actual rape stats of developed countries like US.

Similar fudging is being done now to paint as if Marital Rape is the biggest crime happening in India.


Rhetoric: Misuse of law cannot be a ground to modify a law or not codify a law

OK. Let's start with agreement!
An analogy: There are huge leakages in Public Distribution System that seeks to deliver food security and is being replaced by AADHAAR linked direct benefit transfers. Now, if we use feminists' logic, govt should (have) continue(d) with the PDS so what if the intended beneficiaries do not get relief!
On the other hand, if misuse of law is of no concern - then why govt included a specific misuse clause in Lokpal bill (see section 46) to prosecute false complainants, unheard of in any other law? 

Point is: Given the history of widespread false rape and false 498a/DV cases, what is the problem to learn from these laws while amending existing or making a new law?? Why new laws being sought when existing laws can very well address the sexual abuse in Marriage? Also, why can't we have gender-neutral laws - there's is lot of evidence now that intimate partner violence is a two-way street, with men and women perpetrating abuse? Marital rape not any different, both husband and wife can perpetrate sexual abuse - so if at all there's a new law, why not hear men too and make gender-neutral law?

Do you know that misuse of marital rape has already started -> Man, LLB, turns tables on wife’s rape charge

Consequences of Marital Rape

  1. Easy conviction possible : Coz Anti-rape law, via amended Evidence Act, puts highest premium on statement of the complainant (almost assumes it to be gospel truth if no other evidence found)
  2. It's natural that Hubby and Wife would have sex, and in such cases it is easy to find/plant semen as an evidence
  3. Medical tests will ofcourse show occurrence of sex.
  4. In 498A and 406 cases filed against hubby and family, it had almost become a police practice to raid the hubby's house, arrest him and family members and loot away valuables/jewelry/home-appliances etc in the name of "recovery of streedhan"
  5. DVAct moved this to one step further - now pack away the hubby to jail in 498A, loot him in 406 + get residence rights in his property with a protection order barring the hubby from entering the house!

Thankfully SC declared that residence rights can be given only for property owned by hubby, this helped save some joint family houses, yet in many cases where only husband-wife were living together, the situation is that the hubby gets dispossessed of the house even though he has to continue paying for the EMIs of that house (e.g. read "Man allowed entry in Mumbai house after six-year stay in hotel", and  Man forced to live in bus stop for days by wife )

#MaritalRape will take it whole hog higher - not much need to file any other cases - file MR, hubby convicted and packed to jail for long duration - (based on sole testimony of wifey), get divorce based on this conviction, keep enjoying hubby's property.
Now, the Anti-Rape laws have made it possible to convert even a simple looking-in-girls-way into Rape - how Rape has been trivialized to mean just about anything - see this video,

Some suggested that have a consent form and get it signed by wife every single time you indulge in sex - well it's not gonna work - wifey will beautifully sob in court that she was coerced to sign - and you know, courts will dutifully rob you of your freedom!
Yet another suggestion is - install CCTV in bedroom - are you outta your minds - this is like giving wifey a fool proof evidence that hubby indulges in recording their sex act and threaten to upload on internet to malign wife's reputation!!
There's no frigging way you're gonna prove innocence and presumed guilty you already are!

Eventually, Marital Rape is also going to be tagged on just any kind of "abuse" -  looking, touching, kissing, cuddling - anything, "without permission from wife" = MARITAL RAPE!! Jail!! Jail!!

Feminist/politician have also now achieved great success in inciting public passions to publicly lynch any man accused of rape/molestation - remember the episodes at Dimapur where alleged rapist was lynched by mob and Agra where a man lynched for alleged molestation ?

If you are a man, married or single, just think, there's every possibility that next lynch target could be YOU!!

BTW, some people saying that Marital Rape will destroy institution of marriage!! Hmm.. I'm not much impressed by that reasoning, for:
1) There are enough men who have no idea of what is their legal position and many who knowingly ignore..they are gonna continue this "institution of marriage"
2) May be it'll be better if this institution of marriage gets destroyed then, may be, the society will learn what mistakes it committed by embracing feminist narrative.

Just like feminists ganged up and got "Vishakha guidelines" passed thru SC, this NDTV debate , in my opinion, is an attempt to achieve something similar, swing public opinion to extract Marital Rape guidelines using PIL route, given the govt has declared that Marital Rape concept is not fit in Indian context.


Tuesday, July 8, 2014

Feminist rattled by Supreme Court judgment to safeguard human rights

In India illegal arrests by police have remained grave cause of concern. There were times, when people making enquiries with police or joining police investigation were taken in by police and kept in detention of flimsy grounds. No official records used to be made for such arrests so, one could not even find out if and how many persons are under detention at a particular Police Station. In one such case of illegal detention, in Joginder Kumar vs State of UP, SC laid down, way back in 1994, various guidelines to be followed when making any arrests.Some excerpts below (all emphases mine):
It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter....
A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do.
Also:
22. The above requirements shall be followed in all cases of arrest till legal provisions are made in this behalf. These requirements shall be in addition to the rights of the arrested persons found in the various police manuals.

Due to feminist pressure etc. offences under the laws like IPC 498-A and Dowry Prohibition Act etc. got labelled as heinous crimes, by somehow giving examples of and equating to Dowry Death (IPC 304-B). So, even though the above SC judgment did brought some relief in terms of finding whereabouts of a detainee etc., but illegal arrests continued to a great extent.

Now, coming specifically to 498A, Supreme Court (and various other lower and high courts) has time and again expressed concern over its gross misuse.
In Sushil Kumar Sharma vs Union Of India (2005) SC observed as follows:-
The object of the provision (Section 498A) to prevention of the dowry menace. But as has been rightly contended 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 ignominy 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-virus, 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 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.

In Som Mittal vs. Government of Karnataka (2008), SC observed the following regarding Section 498A:-
Often false FIRs are filed e.g. under Section 498A, IPC, Section 3/4 Dowry  Prohibition Act, etc. Often aged grandmothers, uncles, aunts, unmarried sisters, etc. are implicated in such cases, even though they may have nothing to do with the offence. Sometimes unmarried girls have to go to jail, and this may affect their chances of marriage.

In Preeti Gupta  vs. State of Jharkhand (2010) SC observed that :-
“Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law”
Also:
34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.

In Shaukin Vs State of U.P. (2011) Hon'ble Allahabad HC gave specific directions to strictly follow CrPC 41 Amendments
20.We therefore direct the Magistrates that when accused punishable with upto 7 years imprisonment are produced before them remands may be granted to accused only after the Magistrates satisfy themselves that the application for remand by the police officer has been made in a bona fide manner and the reasons for seeking remand mentioned in the case diary are in accordance with the requirements of sections 41(1)(b) and 41 A Cr.P.C. and there is concrete material in existence to substantiate the ground mentioned for seeking remand. Even where the accused himself surrenders or where investigation has been completed and the Magistrate needs to take the accused in judicial custody as provided under section 170(1) and section 41(1)(b)(ii)(e) Cr.P.C, prolonged imprisonment at this initial stage, when the accused has not been adjudged guilty may not be called for, and the Magistrates and Sessions Courts are to consider the bails expeditiously and not to mechanically refuse the same, especially in short sentence cases punishable with upto 7 years imprisonment unless the allegations are grave... 

And here come a landmark judgment from SC, Arnesh Kumar vs State of Bihar (Jul 2014) that mandates accountability in arrests on the police in keeping up with the spirit of CrPC 41 amendments.
(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;
(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);
(3) The police officer shall forward the checklist duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;
(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused
within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be
liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

Now, why such a judgment that proposes to uphold law of the land in spirit and human rights is being lambasted through feminists' hue and cry? Specifically, statements by Ms. Ranjana Kumari to allege some patriarchal mindset in the above judgment actually amounts to contempt of apex court bench.
But, then, feminist organizations are now very well known for being anti-human and specifically anti-men and least regard for law or courts.

When Justice J.D.Kapoor suggested that Dowry law misuse must be checked to save marriages - many women orgs and led by AIDWA, broke into the Delhi HC compound. Read in the news clip, the protesting activists included Ms. Ranjana Kumari, MP Suhashini Ali, Ms.Brinda Karat etc.



Let's try to understand more what SC said in the judgment :

Is the SC judgment singling out 498A?
NO - feminist want to paint a picture that the mindset is anti-women, but the judgement mentions that the procedures laid down will have to followed for any section where punishment is less than 7years.

Did SC amend the section 498A?
NO - only asked to follow procedure for arrest!

Does SC judgement tell anything new about 498A law misuse? Yes and No - SC was very well aware about misuse and illegal arrests - just that it put down some numbers this time. Depending upon how one wants to interpret, the conviction stats will actually come down to about not more than 2% if all the cases of out of court settlement, quashing etc are included and all cases of parallel conviction under IPC 304-B are excluded.

Did SC say don't arrest ever?
NO - infact, in cases where police does not arrest where accused is influential, police will now have to give reasons for not arresting also - and then a magistrate will evaluate if police version is satisfactory. And, mind you, here the complainant too will get a chance to present her side of story. So, in all probability, in cases where actually cruelty/harassment has happened, the arrests and convictions will become only more fair! This will also help a great deal in weeding out the false cases - and that's where it hurts the feminists!

If nothing is new in the SC judgment, then why the hullabaloo?
Actually there's something new - not following the procedure will now amount to contempt of court by the erring police and Magistrate. These guideline will also help to some extent in curbing corruption related to arrests and bails.

Will all the illegal arrests stop completely?
Difficult to say - accused will have to be vigilant on the kind of information police produces to demand arrest. Also, be vigilant of new traps that may be devised to construct a case for arrest.

Do watch some of the newsroom debates on this judgment in following videos


NDTV Debate (Hindi)

IndiaTV (Hindi)

News24 Debate (Hindi)


Saturday, September 7, 2013

FalseRape endemic in India






some terrible rape cases in India like #DelhiGangRape #MumbaiGangRape etc. But there are huge number of #falserape cases too! MSM looks the other way Govt doesn't make misuse clause in #AntiRapeBill so #falserape continues unabated!

Cry Rape - story in Open Magazine
http://www.openthemagazine.com/article/nation/cry-rape

False cases behind Delhi's tag of rape capital: Court
http://www.ndtv.com/article/cities/false-cases-behind-delhi-s-tag-of-rape-capital-court-397821

Twisting legal interpretation to settle scores with Ex
http://newindianexpress.com/states/tamil_nadu/Twisting-legal-interpretation-to-settle-scores-with-Ex/2013/07/02/article1662958.ece


Many rapes fallout of jilted affairs
http://timesofindia.indiatimes.com/india/Many-rapes-are-fallout-of-jilted-affairs/articleshow/17895064.cms


Rape on second thought: 74% rape cases lodged since 2008 were actually consensual sex 
http://www.punemirror.in/index.aspx?page=article&sectid=62&contentid=201004282010042800020376672f460c5


'Fake' rape cases reported as love turns sour
http://articles.timesofindia.indiatimes.com/2013-05-18/ranchi/39353985_1_police-station-investigation-police-officer


90% of rape cases in Kishanganj false: SP
http://articles.timesofindia.indiatimes.com/2013-01-04/patna/36148093_1_bahadurganj-police-kishanganj-sp-complaint-cases

The Delhi rape is being used to demonise Indian men : http://blogs.telegraph.co.uk/news/brendanoneill2/100196384/the-delhi-rape-is-being-used-to-demonise-indian-men/

Woman threatens to cry rape over Rs.1000 loan, boy ends life. http://goo.gl/TxT3z 


Experts caution against rise in false cases
http://www.hindustantimes.com/India-news/Mumbai/Experts-caution-against-rise-in-false-cases/Article1-982905.aspx

Lured by compensation money, more girls make 'fake rape claims' 
http://timesofindia.indiatimes.com/city/ranchi/Lured-by-compensation-money-more-girls-make-fake-rape-claims/articleshow/21633414.cms?intenttarget=no

daughter alleges father raped her & aborted unborn kid. Then turns hostile. Still father lockedup years
http://evinayak.tumblr.com/post/54534547466/daughter-alleges-father-raped-her-aborted-unborn-kid

how 9 year old girl & mother file FLASE RAPE case on poor labourer due to other reason: man very poor, cant affor advocate; jailed
http://evinayak.tumblr.com/post/52314652120/how-9-year-old-girl-mother-file-flase-rape-case-on

Bathinda rape story fabricated, woman aide held
http://www.hindustantimes.com/Punjab/Bathinda/Bathinda-rape-story-fabricated-woman-aide-held/SP-Article1-997813.aspx

Fast-track relief from false rape allegations
more than 50% cases were found to be false in Delhi fast-track courts
http://archive.dailypioneer.com/home/online-channel/360-todays-newspaper/125062-fast-track-relief-from-false-rape-allegations.html

#falserape as man refused to marry girl, acquitted when he agreed to marry | http://bit.ly/1397HX1

#Falserape :Return my dignity, man absolved of rape asks SC - The Times of India http://timesofindia.indiatimes.com/india/Return-my-dignity-man-absolved-of-rape-asks-SC/articleshow/18898781.cms

#Falserape charge lands woman in prison for ONLY 4yrs - http://shar.es/zSM9z

#falserape RT@httweets:Court acquits man in rape case - Hindustan Times http://www.hindustantimes.com/India-news/NewDelhi/Court-acquits-man-in-rape-case/Article1-971126.aspx

#falserape is #extortion - Qureshi claimed that she was demanding Rs 25 lakh
http://timesofindia.indiatimes.com/city/ahmedabad/Lieutenant-Colonel-accuses-Ahmedabad-cop-of-rape/articleshow/17946765.cms

Supreme Court Acquits two from the #FalseRape charges and also warns lower courts to beware of False Rape cases…. http://bit.ly/Vi1ykg

Mother harassing daughter, complaints against Son in Law... #falserape #crimebywomen pic.twitter.com/hLgUlE5OV3"

wife fabricated him in #falserape, he committed suicide http://bit.ly/17lqLmz

19-year-old staying with girlfriend booked for rape 
http://timesofindia.indiatimes.com/city/nagpur/19-year-old-staying-with-girlfriend-booked-for-rape/articleshow/21608502.cms

Beware of #falserape cases, SC tells trial courts - India - DNA http://bit.ly/WHLtFW

  1. TWO men in different #falserape #dowrydeath prove innocence in SC after years of trial
  2. Bank employee rapes colleague for 5 yrs 
  3. Court concern over rising false rape cases by domestic helps  
  4. To hide the love-affair falsely complaint of  , man still languishing in jail
    http://www.loksatta.com/vruthanta-news/one-girl-says-lie-that-rape-on-her-for-hideing-the-love-affair-51565/
Male partners of minor girls' are arrested in #falserape and kidnapping cases pic.twitter.com/gHCQQOGK5D

#falserape when caught red-handed with illicit affair, Woman cries rape,cops see foul play http://bit.ly/18rCAWG

Seems another #falserape | Job consultant booked for raping 22-year-old out-of-work air hostess  http://shar.es/zPxUi
  1. advocate & pol.inspector arrested for FILING FALSE GANG RAPE CASE on innocents, drag it 13 years, delhi HC.
    http://evinayak.tumblr.com/post/52157394409/women-never-lie-rape-advocate-pol-inspector-arrested
  2. how a female & employer filed FALSE GANG RAPE agnst 3 govt. engineers
  3. Women sometime file rape cases as weapon for vengeance: HC 

  1. Magistrate booked for rape on cop's complaint
    ...Magistrate walked out of live-in relationship with lady cop, booked for rape -- but there was furore on this arrest, as here accused is from higher echelons of legal fraternity
    http://articles.timesofindia.indiatimes.com/2013-07-01/chennai/40306683_1_woman-cop-dowry-apex-court-ruling
  2. Woman alleges rape by live-in-partner
    when he refused to marry her after she got pregnant. They were in live-in relation for past couple of years
    http://www.hindustantimes.com/India-news/NewDelhi/Woman-alleges-rape-by-live-in-partner/Article1-1006414.aspx
  3. Woman 'raped' by live-in partner
    Her boyfriend, live-in partner of 3 years, refused to marry her, so she filed rape complaint
    http://www.hindustantimes.com/India-news/NewDelhi/Woman-raped-by-live-in-partner/Article1-801749.aspx
  4. Man detained after live-in partner alleges rape 
    Woman is 7-month pregnant and couple in live-in relation for past 3 years
  5. Lover acquitted of rape charges by Delhi court
    youth was accused of raping his live-in partner after promising to marry her
    http://www.hindustantimes.com/India-news/NewDelhi/Lover-acquitted-of-rape-charges-by-Delhi-court/Article1-1073742.aspx
  6. Youth ditches live-in partner, charged with rape
    A youth, in a live-in relationship with his childhood friend for over five years on the promise of marriage, has been charged with raping her
    http://www.hindustantimes.com/India-news/NewDelhi/Youth-ditches-live-in-partner-charged-with-rape/Article1-1009424.aspx
  7. Rape charges fake, admits Pinki’s live-in partner
    Pinki Pramanik’s former live-in partner has admitted to bringing trumped up rape charges against the Asiad gold medallist at the behest of land broker Avtar Singh 
  8. Himachal man acquitted of rape charge
    the victim admitted that she had developed physical relations with the accused at her own will
    http://www.hindustantimes.com/Punjab/Chandigarh/Himachal-man-acquitted-of-rape-charge/SP-Article1-1070973.aspx
  9. Computer teacher acquitted of rape charge
      another case where victim filed case as man did not marry her after having physical relations
    http://www.hindustantimes.com/Punjab/Chandigarh/Computer-teacher-acquitted-of-rape-charge/SP-Article1-1071614.aspx
  10. Woman files rape case against ex-business partner
    ...reports incident of 2 months back. She and her business partner lived-in for some time, were in money-lending business, ran away with many of people..and then this woman moved back to her husband's place!
    http://timesofindia.indiatimes.com/city/indore/Woman-files-rape-case-against-ex-business-partner/articleshow/21065105.cms
  11. Man held for 'rape' of live-in partner
    ...couple were in relation for over 4years, lived together as married couple for 2years. Man charged with rape on pretext of marriage 
    http://articles.timesofindia.indiatimes.com/2013-04-28/gurgaon/38878263_1_udyog-vihar-live-in-partner-complaint
  12. IPS officer cries rape against IAS officer
    ...lady IPS officer got into physical relations with an IAS officer, when he did not agree to marry, lady filed rape complaint!
  13. Student alleges rape by live-in partner
    ...boy was getting married to another girl, to stop this marriage, girl filed rape complaint..
    http://in.news.yahoo.com/student-alleges-rape-live-partner-164606772.html
  14. Live-in relationship turns sour, partner accused of rape
    ...The woman, in her complaint, said she started living with Yadav after he gave an assurance that he would marry her in due course
    http://www.ndtv.com/article/cities/live-in-relationship-turns-sour-partner-accused-of-rape-23180
  15. Delhi: court acquits 82-yr-old of rape charge
    ...rape charge levelled against him by a maid employed through a placement agency.
    http://www.hindustantimes.com/India-news/NewDelhi/Delhi-court-acquits-82-yr-old-of-rape-charge/Article1-1074132.aspx
  16. IPS officser booked for rape after he refused to marry
    http://newindianexpress.com/cities/chennai/article388464.ece