Magneto Posted December 28, 2012 Share Posted December 28, 2012 Why can't there should be a provision which give power to judge to decide whether the case was imposed with genuine intention or not? If a judge clearly see that intention of a person that lodged the case was to harm or extort money ' date= then why can't he/she should announce a fine or prison sentence her. In a court of law, judges need corroborative 'evidence' to hand over any punishment. Even if a judge sees 'intention' to harm/extort, he cannot penalise someone without being presented genuine evidence. If you read court judgements (High Court and Supreme Court) of some of the top criminal cases in the country, most of the judges look quite sane and not how Hindi films depict judges. Link to comment Share on other sites More sharing options...
Tiger80 Posted December 28, 2012 Share Posted December 28, 2012 In a court of law, judges need corroborative 'evidence' to hand over any punishment. Even if a judge sees 'intention' to harm/extort, he cannot penalise someone without being presented genuine evidence. If you read court judgements (High Court and Supreme Court) of some of the top criminal cases in the country, most of the judges look quite sane and not how Hindi films depict judges. Is it not true that judges imposed fine of Rs.50 lakh on a person who filed false rape case against Rahul Gandhi? or do we have separate set of law for politician and separate for common man? Link to comment Share on other sites More sharing options...
Magneto Posted December 28, 2012 Share Posted December 28, 2012 Is it not true that judges imposed fine of Rs.50 lakh on a person who filed false rape case against Rahul Gandhi? or do we have separate set of law for politician and separate for common man? In that case, the girl who was supposed to have been abducted did not allege anything herself and the whole allegation was done by someone who claimed to be the relative of the girl and was not. The girl denied the whole abduction/rape thing in court, so it was evident that the petitioner was lying and tried to defame Rahul Gandhi intentionally. On the basis of deposition made by Kirti (the girl), the court imposed a cost of Rs 50 lakh on the petitioner and taking suo moto cognisance of an effort to defame a high profile personality, ordered a CBI probe. See, also, every case has its own specifics. At times, there is enough evidence to spot defamatory intentions and at times the judge may not have enough concrete evidence. Not only in this case, but in many other cases, judges have fined petitioners for filing bogus cases. Link to comment Share on other sites More sharing options...
ganeshran Posted December 28, 2012 Share Posted December 28, 2012 you made a statement that misuse of law is civil issue. i told it is very much criminal and is accepted so by law of any country. i hope you understand the difference between civil case and crimiinal case. If a person has only filed a false complaint against you, all you can do is to file a civil lawsuit for defamation and seek damages. That is a civil issue. However if a person lies under oath, furnishes false evidence, lies in an affidavit that would amount to a criminal offence and he/she can be prosecuted for it. This is my understanding, and maybe Mariyam or other lawyers on ICF can correct me if I am wrong. To me, somebody registering a false case of rape for personal vendetta should be punished as severely as rapist himself. One, that person is deliberately bringing lifelong misery and confinement to a innocent person. Do you think an attempt to get somebody behind the bars for 10-15 years for no reason is a joke or what? Two, that person is reducing chance of justice to a genuine victim. I fail to understand why so many people are defending misuse of law so much. Isn't common sense that any law would be most effective if it's misuse is completely controlled.? No one is defending misuse of the law - that is a straw man you have conjured up. What is being said that the proportion of misuse is still far lesser than the gravity of the crimes which are committed against women, hence the strict laws. Equating both of them is retarded in a country like India where ground realities are totally different. Our society systemically discriminates against women just like it does with other disadvantaged groups. It imposes separate set of moral standards for women and enforces them strictly with the "log kya kahenge" argument. I am not trying to exaggerate the number nor I am saying that there is no suffering for females in our society. But there is another aspect of this problem. I am trying to highlight that. You are doing just that here. How many false rape and false dowry cases have been registered ? Compare that to the actual incidents of these crimes that happen and you will understand the need for strict laws for protection against dowry harassment and rape in our nation. Men dont go about in constant fear of being victimized by a vengeful woman, but rather get away with the same in most of the cases with little more than a slap on the wrists. Misuse does happen and it should be controlled through an effective judicial and police system with better investigation of dowry complaints. However the number of cases misuse happens is far less than what you are trying to portray here. The anecdotal evidence of a 2 year old baby having to get bail contributes nothing but shock value and does little to prove your case that misuse of laws happens on a number comparable to the actual crime and exceeding it in its seriousness. There are 10000+ dowry deaths which happen every year in India and the number of cases where the family of the husband tortures the bride mentally without actually killing her far exceeds this number. Link to comment Share on other sites More sharing options...
Raghav_12 Posted December 28, 2012 Share Posted December 28, 2012 If a person has only filed a false complaint against you' date=' all you can do is to file a civil lawsuit for defamation and seek damages. That [i']is a civil issue. However if a person lies under oath, furnishes false evidence, lies in an affidavit that would amount to a criminal offence and he/she can be prosecuted for it. This is my understanding, and maybe Mariyam or other lawyers on ICF can correct me if I am wrong. No one is defending misuse of the law - that is a straw man you have conjured up. What is being said that the proportion of misuse is still far lesser than the gravity of the crimes which are committed against women, hence the strict laws. Equating both of them is retarded in a country like India where ground realities are totally different. Our society systemically discriminates against women just like it does with other disadvantaged groups. It imposes separate set of moral standards for women and enforces them strictly with the "log kya kahenge" argument. You are doing just that here. How many false rape and false dowry cases have been registered ? Compare that to the actual incidents of these crimes that happen and you will understand the need for strict laws for protection against dowry harassment and rape in our nation. Men dont go about in constant fear of being victimized by a vengeful woman, but rather get away with the same in most of the cases with little more than a slap on the wrists. Misuse does happen and it should be controlled through an effective judicial and police system with better investigation of dowry complaints. However the number of cases misuse happens is far less than what you are trying to portray here. The anecdotal evidence of a 2 year old baby having to get bail contributes nothing but shock value and does little to prove your case that misuse of laws happens on a number comparable to the actual crime and exceeding it in its seriousness. There are 10000+ dowry deaths which happen every year in India and the number of cases where the family of the husband tortures the bride mentally without actually killing her far exceeds this number. You can very well file a criminal complaint against a false case under various sections of IPC like IPC 211. It would be mockery if somebody is bringing a false charge of attempt to murder against you and all you can do is defamation suit. However, in most of the cases you can file a complaint of false case only after aquittal in the case that has been filed against you, albiet falsely. By the time court aquit an accused it from all levels, it is easily 10-12 years and falsely implicated person prefer to move on in life rather than continuing with the depressing cycle of court proceedings. Thease abusers of law take advantage of this situation and dare to bring completely fictitious charges. I am not exaggerating abuse of certain laws. For your own validation, you just type 498a in google and report to forum what you see. Misuse of 498a is so rampant that even hardcore feminists have demanded amendments. Females don't exist only in the form of wives, they are mothers and sistes as well and they are made to suffer ruthlessly to settle personal scores. When I say overwhelming majority of cases is false, that doesn't mean that dowry cases are not happening. But unfortunately real victims are not the ones who are filing these cases. Typical profile of genuine victim is miles away from typical profile of females who file 498a and DV cases. Most of these cases are filed by educated and urban females and some of them are even celebrities like Sheetal Mafatlal and Yuktha Mukhy. Without taking away their right of taking legal options available with them, I can say they hardly match the profile of victims which has been drawn with all kind of melodrama on this forum (brother goes to school and sister works as maid..!!!). There are enough videos on youtube as well on misuse of 498a, There is a movie as well by name of 498a - A wedding Gift which is going to be released soon starring old names like Farida Jalal, Alok Nath etc. Link to comment Share on other sites More sharing options...
Tiger80 Posted December 28, 2012 Share Posted December 28, 2012 That's not going to happen. These measures would mean limited role for police in these proceedings and police would not like to wash their hands off such lucrative business. Sau baat ki ek baat as long as we are corrupt and lawless society women will continue to suffer much more than men.Powerful oppresses the weak is rule of society.No matter how aggressive a person as long as he sees powerful man or woman he/she salutes him and then take out its frustration on weaker one.So many people say that boys should be taught gender sensitization , but how could they become sensitive when they grow up in society and see powerful oppresses the weak and many times they were oppressed when they were small and nobody helped them at that time Link to comment Share on other sites More sharing options...
Recommended Posts