How the DV Act is Impacting Industry Leaders: Can HR Stay Silent on This Issue?

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

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

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

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

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

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

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

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

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

Saab,

90% will be false cases. 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 sector. It will help the company if preventive measures are taken by reviewing the policy.

Regards

Brother!

90% - It is a good percentage indeed. To my intuition, any review of company policy cannot contain the tide.

Regards

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

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

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

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

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

My Dear Sid,

Wait for two weeks and see what happens.

Best Regards,

Govind
Coach & HR Consultant

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

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.

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

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

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.

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

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

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.

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.

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.

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

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

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.

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

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?

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?

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

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.

Great write-up, Rebel. HR professionals here might not have given consideration to this issue yet, but it is going to be the biggest hurdle for them in the immediate future. Wake up, guys.

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.

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

If someone is having an affair or is being convinced to have one, it has nothing to do with the company's policies regarding allowances. That is the very personal life of everyone.

If someone is having an affair or is being convinced to have one, it has nothing to do with the company's policies to pay allowances. That is the very personal life of everyone.

Do you mean to say that Tripti Nigam's allegations are false? Then what will happen if 90% of the hundreds of cases under the DV Act become false?

Regards

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

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

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

Dear all,

It is very interesting that in CiteHR discussions, labor laws and matrimonial laws have occupied top positions over HRM acumen. Let us see where we move further.

Regards

[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.

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

"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.

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,

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

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

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.

"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"

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.

"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

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

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

Hi, Dr. Jogeshwar,

I want to know more about the DV Act. Can you please give me some links?

Regards, Ashwini Kumar

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

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

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

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

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

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.

Dear members,

Have we reached any conclusion on the following things?

1. The DV Act and Section 498A are dangerously affecting 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 pointed out with examples as well).

2. The DV Act has created new avenues for misuse, rendering everyone vulnerable to it.

3. What should HR personnel do if it directly impacts the productivity of individuals?

Well summarized, Brother Monit. What comes next is the question. Ideas for a permanent solution are welcome.

Regards

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

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

Ram Balak,

I don't think HR people are sensitized enough; otherwise, why did an HR person from WIPRO get accused in a false case? There needs to be more awareness.

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.

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

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

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

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

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

(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

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

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?

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 when technically Premji is not related to them? This could be used to harass males 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?

Very valid questions are raised by Sandipani ji. The answers to these questions will reveal how feminism has become a trap from which escape is impossible.

Regards

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.

"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.

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.

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

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.

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.

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.

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).

Regards

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?

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.

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

I will fight for justice for the rest of my life or prefer to be a Modern Bhagat Singh. But, I will never ever surrender in the form of a Legal Terrorist. So, my choice is a little different.

A small word of caution, following the footsteps of Hon. Minister Madam R - dare you raise your voice - I can file a DV!! As a lady, I would be, I would pity men like you!!

Thank you; I will be awaiting the same.

By putting a DV act on me, the maximum you will send me behind bars for one year. I am ready to spend ten years in jail instead of surrendering to a woman like Madam R--. Jail would be a better place than a so-called domestic relationship, like Madam R., as you described.

I heard once a judge say that nowadays in jail, they provide good education. So, I could go there and become a lawyer or judge instead of working in some corporation as a GM.

Cool! That's definitely great news!

So we would have one more lawyer advising ladies on how to file a 498/DV case to get a share of the stake... how mean, right? And if you try to argue against a lady, you could end up with another DV case and a bunch of women's organizations backing me on your back!

And one judge too passing verdicts so that he too could get a share of the stake and also follow the rules of the Book of Indian Law - else fall for the backlash of the women's organizations backing me and get a DV filed against you.

You fight for whatever or say whatever, I do not care; any action or word that I do not like, I will DV you!

Also, note that anything I ask you for, if you do not do it or give it as per my whims and fancies, you are DV'd.

So plan to live in overcrowded prisons with your fellow DV'd men.

By the way... care to address Honorable Minister Madam R with respect, or you could be DV'd!

FYI: As a man, especially an Indian man, you no longer have the right to freedom of speech too. The right to equality as an Indian man has long gone with the introduction of 498A. Basically, most rights mentioned in the Indian Constitution as a citizen for Indian men have been overruled, which initially began with 498A and with DV, making everything invalid.

So Ladies & Gentlemen... What have you decided... to live and continue living, witnessing the social injustice - until it hits you, eh!!

And once hit from personal experience - it's very difficult to get up and proceed; proof check the National Statistics on Suicides!!

So Prevention is better than Cure or A stitch in Time saves Nine!!

One Bhagat Singh like Swarup will not be able to endure the fight to change the course of the destruction approaching our Indian Society, Culture, and Economy - you and I need to fight if not for others, for your own, your family's, and company's security.

Our Leaders did not fight for the Freedom of our Country and made it the World's Largest Democracy which all of us today are proud about, only to end up as an absolute Undemocratic Nation. And our Dear Soldiers of the 3 Main wings of our Country's Defence are not protecting the Sovereignty & Security of our Nation, risking their lives and sacrificing their own families for our Nation to see internally for the vested financial interests, there is Chaos and absolute Insecurity.

I'VE BEEN READING ALL THE BLOGS HERE SOMETIME NOW - WHAT AN ACTIVE PARTICIPATION WAS THERE THEN - BUT NOW WHEN THE SITUATION OF ACTION AND DECISION HAS COME - WHAT HAPPENED??

IS IT ONLY ALL TALKS WITH NO STUFF??

AS MANAGERS AND PROFESSIONALS, WHERE DID YOUR POWERS FOR DECISIONS AND ACTIONS VANISH??

OR IS IT THAT ALL OF US ARE JUST LIKE THOSE GRANNYS WHO SIT UNDER A TREE AFTER LUNCH IN THOSE REMOTE RURAL AREAS AND ADD SPICES TO GOSSIPS, NOT CARING TO DO ANYTHING EVEN FOR THEMSELVES - AND WHATEVER GOES WRONG INSTEAD OF RECTIFYING IT, LAY THE BLAME AND RESPONSIBILITIES ON OTHERS!!

Ain't we all being the same - trying to convince ourselves or fooling our own inner conscience??

Dr. Mahanta has been trying to bring to your notice the facts, Swarup has been trying to lead, both expecting some positive attitude from you all.

All I have been trying here is to let you know what the ground realities are and instigating you all with the actual facts, i.e., if you were not aware of how grave it is.

And what I have been mentioning is a fact. All those what I mentioned, I could do and legally will be protected to Glory. I must have sounded as if I am talking in the air - No, it's something I can do and even if a litigation is filed, all it would do is pass a verdict that I was wrong, that's about it. I'll still be scot-free with my pockets full of money.

This is what the Legal System of our India, a country that we all are proud to be the citizens of. And this has ended up this way due to the vested interests of a few people who are just bothered of Money and not the Country and not the Citizens who brought them to power.

If we do not do something starting now, we are DOOMED!!!

Dear Xbuzz,

All I have been trying to do here is to inform you about the ground realities and present you with the actual facts, in case you were not aware of how serious the situation is. What I have been stating is a fact. Everything that I mentioned, I am capable of doing and will be legally protected. I may have sounded like I was speaking hypothetically - but no, it is something I can actually do. Even if a lawsuit is filed, the worst outcome would be a verdict against me, but I would still be unaffected with my finances intact.

This is the current state of the legal system in India, a country we are all proud to be citizens of. Unfortunately, it has evolved this way due to the self-serving interests of a few individuals who prioritize money over the well-being of the country and its citizens. If we do not take action starting now, we are headed towards a grim future.

Let's unite and fight for justice.

"If Tripti can file a DV act against Premji, why can't your wife file a DV Act against Premji for not providing a job at 'Wipro'?"

It is disheartening to see the respected judges turning the court into a chaotic environment resembling a fish market. The repercussions have already begun, and surprisingly, the backlash is not coming from men but from women themselves.

Regarding the news:

"The new Domestic Violence Act leaves room for exploitation. While it has brought some improvements over existing laws, its major flaws lie in its excessive scope and lack of balance. By attempting to cover all scenarios to safeguard every distressed woman from any form of harm, the lawmakers have assumed that all women are inherently truthful victims, neglecting the burden of proof. Consequently, this law runs the risk of undermining its own credibility."

Are Indian men truly so self-centered? Have we lost sight of our social responsibilities? Why do some Indian men associate social work and women's empowerment with harming their own family members?

Let's ponder over these questions and strive for a more just and equitable society.

Best regards.

Time being, Indian husbands, be ready to go to jail.

As per UN false statistics, 70% of Indian men beat their wives. That means, 50 lakhs x 70% = 35 lakhs of men beat their wives every day. If we take among them 0.1% reports, that means, per day, we will see 35,000 men should go to jail every day. Thinking of joining the jail authority from the textile industry, as there will be a huge manpower required.

Backlash started, and their false claim is now open to all nations!

Dear Swapna Ji,

Please note this is a big lie by Tripti and an attempt to defame the Wipro work culture and ensure that her husband must lose the job, nothing else. She is finding it very difficult to defend her false case against her husband as the High Court accepted the quashing of 498a against him and his mother.

Now, it has been proved beyond reasonable doubt that she had dropped the case. Please go through all the news. But her intention and aim have been achieved, as after getting the news, you have commented, and now you review. That was Tripti's intention, and she has done it successfully.

Who says Indian women are abala Nari??

Thank you.

Who says Indian women are abala Nari?

Famous Bhartrihari, the former king of Ujjain, and elder brother of Vikramaditya, says that those who call her abla in his Shataka are mistaken.

Regards

Dear Dr. Jogeshwar Mahanta,

I could not understand it. Could you please tell me in detail.

Regards,
Sujata

Dear Dr. Jogeshwar Mahanta,

I could not understand it. Could you please tell me in detail.

Regards,
Sujata

Thank you, Sister Sujata. I am happy to see your interest. I shall post the sloka written by Bhartrihari. Let me locate it.

Regards

Dear Jogeshwar,

Nothing to feel bad about. Males in the present century are just paying for the mistakes done by their forefathers. With so many laws protecting females, do you think that our administrators are effective enough to implement things so efficiently? Probably, you have not read the recent ruling of the Supreme Court, which says that if a wife files a case against her husband and it turns out to be a false allegation, this reason will be strong enough to file for a divorce and he will be granted that.

So, don't take tensions, don't get frustrated, chill out.

Regards,
Sanjeev Sharma

Dear Sanjeev,

I do not think our forefathers have done any mistake; we are paying the price for our mistake and forcing our child to face a very tough time. Because we are still staying in the 16th-century mindset and believe marriage is a bond between two partners.

"But as per lawmakers, it is a business deal; everything will be counted by how much money or property you give to your wife... that is the key to becoming a good husband, nothing else."

No man is afraid to go to jail, but the problem comes when he sees his mother/sister going to jail, despite them never staying together. As a result, you will not be surprised if your future daughter or son becomes drug-addicted to release their mental stress, as I wonder how they will accept the part-time father conception.