PISSU – PERSONS OF INDIVIDUAL SEXUAL SATIETY UNFULFILLED

Continued from part-1:

Historical Growth of PISSU

PISSU are not present here from the beginning of the world. They have gradually multiplied themselves and have gained power one by one.

In 1983 they were successful in drafting and implementing some corrosive laws e.g. 498A IPC and its supportive background in the Indian Evidence Act. This was the beginning. This lobby of PISSU flourished well in Delhi and Mumbai in this duration and it became stronger in due course of time.

In 2002 the first draft of Domestic Violence Bill was introduced in the Parliament. The PISSU intelligentsia was united to oppose that Bill. Although in the Bill-2002 the definition of Domestic Violence was adopted from the UNO definition but the PISSU lobby found it deficient. They launched opposition and by 2006-07 they were successful in getting the new draft Bill and a corresponding Parliamentary Legislation. Many of the learned reader would remember a famous call from Mumbai PISSU group which had opposed the institution of the marriage at that time. It published articles comparing the married females with the chattels.

But soon this idea was soon dropped by the Delhi PISSU group because of two reasons: First, it was the institution of marriage itself which had given birth to the PISSU as a class otherwise they would have been eliminated in the Human Evolutionary Process. Attacking the marriage as an institution was similar to attacking their mother cause. Secondly, the marriage was essential for their Asymmetric Legal Benefits which they were harvesting in marital sphere. If the marriage as an institution was attacked then they are likely to lose the source of their Asymmetric Legal Benefits. Some impressive and influential Social Groups e.g.  Save Indian Family and its sister organizations spread intellectual awakening among the social inhabitants. But the society was in fact, being governed by the legal institutions and these legal institutions had started giving those PISSU a collection of Asymmetric Legal Benefits in marital sphere. Hence, still a lot more was yet to happen.

After Sudesh Jakhu’s case in Delhi High Court (1996) and its appeal in the Supreme Court in the name of UOI vs SAKSHI (2006), a different kind of PISSU ideology was being sprouting at the horizon. A girl Nirbhaya was brutally sexually assaulted. It was an aghasting crime and was condemnable. Basically, it was case of lapse on the part of the Police system which could not take action at the first alert. But this incident was spread as a legal failure in the society. And this was done by the PISSU gangue.

Immediately after the Nirbhaya Case, they made a law through amendment known as Criminal Law Amendment Act 2013. A laborious student may compare it easily that the provisions of this Criminal Law Amendment Act 2013 are precisely identical to the proposals given by SAKSHI the NGO before the Supreme Court in the aforesaid case. This shows the Holding-Power of the PISSU-gangue in the State Institutions in India.  The PISSU gangue had won one more battle as a ‘Prize of Criminal Law Amendment Act 2013’. Now for the first time in the jurisprudential history of modern world a non-bailable constellation of offences was created where the culpable action was not to be judged on an objective basis but merely on the basis of the feeling of an Aggrieved Woman. This is the biggest abuse of power of making law in the Human Evolutionary Process.

Through the general discussion of PISSU in TV, social media, print media etc. it appeared that in the Indian Legal Sky everything else has been satisfactorily achieved except this Artificially Patched Ecosystem of Gender Justice. The PISSU were organizing dharnas, debates, demonstrations to show that only this kind of jurisprudential growth would save the universe from a coming doom’s day. A mere allegation by one so-called Aggrieved Woman was sufficient to plunder the whole life of a male.

A ‘metoo’ experiment was conducted by some members of PISSU. The other important PISSU group was supporting it in the institutions, the other one in the media and another one at intellectual space. The alleged males were not given chance even to defend them. Male’s executions were demanded merely pursuant to an allegation.

Disparaging offensive by PISSU

On the basis of unfettered power which, the PISSU group had obtained through the legal channels they became quite emboldened. But their unquenching appetite made them try to grasp more power and like a Bhasmasur the demon they tried to hit the Lord(ship) of the Indian Nation State. They levelled an allegation against the Chief Justice of India.

The system soon identified this new ambush-attack of the PISSU gangue. This new attack was successfully foiled.

PISSU is gender neutral

A PISSU is a gender-neutral entity. A male PISSU becomes servile in expectations of getting favours from females, knowing well that he cannot seek natural favours from females because of his despondency – of natural characteristics. A female PISSU tries to deceive the society to show that she is an ordinary female which she is not naturally. So, a PISSU female becomes more pretending showing it to be an ordinary female – full of natural female characteristics. Hence, PISSU are a class of naturally discarded human-beings through Human Evolutionary Process. Human Evolutionary Process is a supplementary aspect of Universal Evolutionary Process. Both are complementary to each other and cannot be understood if one is not perused while studying the other. As an analysis PISSU are the distortions of the Universal Evolutionary Process.

PISSU to distort Evolution

PISSU are disturbed at the very core of their existence. Their existence is legally guaranteed in the modern society and hence, as an outcome of this legal guarantee the modern societies are bound to grow asymmetric due to the presence of PISSU as a class in the society.

Presently, the PISSU as a result of their long existence through social systems, have percolated to each and every sphere of life. They are present in the marriage, they are present in the offices, they are present in the debates and finally through their impact they are present as mindsets with a right to move freely across the society.

They cannot be eliminated from the society because the law does not permit their elimination.

The only way to cope up with them is to know them. And once they are known in the society to unmask them. Their identification, unmasking and exposure in the society would be a tool to nullify their damaging effect on the society.

Control of PISSU to prevent further damage

The control of the PISSU is crucial to the life of the society. They have posed an existential threat to the ordinary citizens. They need to be nullified in a legal manner. Here is the methodology:

  • More and more spread of knowledge about the PISSU,
  • Their reasons of existence,
  • Their causes of induction in the social-folds and
  • The know-how to control them

are the legally-approved methods to prevent any further socio-legal damage by those PISSU to the Human Society.

Whenever there is an instance of a gender-based offence, as a first-most measure, it must be immediately ascertained whether this is a true happening or merely a PISSU-propaganda to exert their hegemony. The alleged person must be given a legal space to ascertain if the alleging party is a member of PISSU-gangue. For this following steps are useful:

  • The PISSU must be identified at the first instance.
  • Their PISSU activities must be exposed through the social media
  • Legal remedies must be searched and applied in favour of the alleged person.
  • PISSU should be social boycotted.
  • Social awareness should be spread to nullify such attacks
  • Social Pressure Groups be formed to exert political pressure as the PISSU itself is a political pressure group.
  • A defending PISSU is the best possible answer against an attacking PISSU. Hence, you tame a defending PISSU.

You may also suggest some methods to control and neutralize these PISSU people.

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A Tale of Gender-Genocide – 1

An Overgrowth is Cancerous

Jurisprudential Thoughts

Any overgrowth, may it be of an organ, a belief, a practice or of anything, for that matter, results in a pathological state. The same is true about a jurisprudential overgrowth.

We as a proud section of humanity, started with an equality under Article 14 in the Constitution of India. Then thereafter and gradually, we have reached a state where the privileges of a particular gender (Presently Privileged Gender) had overgrown to a proportion where the proofs provided by the other gender (Presently Targeted Gender) are demolished by simple ‘Believe it or not statements’ of the privileged gender.

New Wolf-Lamb Tale

The rationale behind this, as stated, is that the Presently Privileged Gender has been subjected to a historical injustice. For that allegation of historical injustice, the present generation of the Presently Targeted Gender is to face a discrimination up to a foreseen extinction against the privileged gender. It sounds like a ‘Wolf and Lamb’ story where the lamb has to face an extinction because his forefathers allegedly had defiled the water flowing to the forefathers of the wolf. ‘Wolf-Lamb’ story is a story of correcting historical oppressions.

Today, the Presently Targeted Gender  in the society faces a curse because its forefathers are stated to have defiled the water flowing to the forefathers of the Presently Privileged Gender. The history is being corrected through the political viewfinders and legal institutions at the cost of extinction of Presently Targeted Gender.

Overgrowth in precision

The overgrowth in the present-day jurisprudence is really in the nature of false beliefs. These false beliefs do not have any scientific proof in their support nor do they find corroboration of any evolutionary theory. These false beliefs are basically in the form of ideologies of lobbies of a particular gender.

These false beliefs are the profit earning theories. In this form and presentation, they have already transcended John Dewey’s Pragmatism or Jeremy Bentham’s “The greatest good for the greatest number“.  This is simply reaping a yield of ‘No Investment’ tactics.

The Presently Privileged Gender has found key to enjoy social resources and the resources of the Presently Targeted Gender, merely by maneuvering the legal tools. These tools have been sculpted by the Institutional Authorities in a manner that only the Presently Privileged Gender can have a grip over them. The definitions of victim and oppressors have been written in legally coloured language.

The Rules of adjudication have been so skewed that even the most skillful adjudicator would be handicapped to apply equity, justice and fair play in an accepted manner because the Institutional Authorities have drafted legal definitions where the equity is beheading Presently Targeted Gender and the justice is believing in the ‘Believe it or not’ stories of the Presently Privileged Gender. In these definitions denying all legal amenities to the Presently Targeted Gender is called the fair play.

Only a few can see through

There are champions of Presently Privileged Gender. These champions are so perfect in crying and weeping that all inexperienced people start believing that they are the Perpetual Victims. Only those who have tasted the blow know the reality.

One protagonist of the Presently Privileged Gender has conducted an episode of mud-slinging on the Chief Justice of India. That protagonist cried and wept. That raised a high pitch voice of being plundered of something which had shaken that protagonist life and liberty. She demanded justice by draping a justice of Supreme Court.

Gradually, it was revealed that she was calibrated by some lawyer-groups. She used all vituperative linguistic expressions, she abused decency, she pelted stones on the Supreme Court and threw all dirt on other Judges of the Supreme Court. And she stated that she did it because she was vulnerable, because she was plundered, because she had no means to survive, because she needed justice.

Amazingly, when the institutional machinery sat to verify her truth, she eloped altogether raising a new set of allegations.

Need to understand their game-plan

In the name of the Legal-Regime and the Administrative Machinery they have found a very “PROFITABLE” merchandise tool. It gives them everything they want without investing anything and that too with a complete impunity. Their game plan is very clear.

They have developed tools to prevail. If they are in marriage then use the tool box number 1. If they are without marriage then use the tool box number 2. They have to pass only one test i.e.

Go and paint the face of anyone in black and start crying Perpetual Victims. The social fools are abundant. Most of them are Persons of Individual Sexual Satiety Unfulfilled(PISSU). They are sitting unemployed with plenty of times and innumerable social media accounts. The PISSU will do the remaining. These PISSU start giving rhythm to the brazen Perpetual Victims songs.

Evolutionary Theory of PISSU

These PISSU are essential for the surviving of such groups of Perpetual Victims who by their game plan are very calculative. These Perpetual Victims i.e. the Presently Privileged Gender people tame such PISSU for their own interests. First let us understand from where these PISSU have come.

If a group of 100 males and 100 females is left in each other’s vicinity then within a small period of time almost 60 of males and 60 of females will pair up as per their choices.

Within some more time the 25 of remaining males and 25 of remaining females will give up their initial preferences and come to settle down with a bit lower agreeability of partnership.

Now the remaining 15 of males and 15 of females will face extinction in the next generation through the Darwin’s natural selection. Herbert Spencer identified it and called the survival of the fittest. Then came the development of social institution – marriage. This institution threw out the idea of natural selection and imposed an artificial pairing up through marriages. Those 15 out of 100 males and females those would have been weeded out in the natural selection have been carried forward to the next generation. They kept on multiplying in the society and increased their numbers.

These people who cannot win their partners in an open competition would start showing soapy sycophancy to the other gender to seek its benevolence. Nonetheless, they remain unsatisfied because the nature had not sculpted them for the final test. The become Persons of Individual Sexual Satiety Unfulfilled (PISSU). They look upon females with an imagined expectations and females look upon them as servile bee-drones. Both live their lives in happiness.

to be continued in…

PISSU – PERSONS OF INDIVIDUAL SEXUAL SATIETY UNFULFILLED

AFTER THE ACCUSER OF CJI GOGOI QUITS THE INQUIRY

A woman an ex-staffer levelled allegations against Justice Ranjan Gogoi the Chief Justice of India that she was sexually harassed when she was working at the residential office of the Chief Justice of India.

An in-house panel was constituted to probe into the allegations. This panel, as clarified by itself was not an Internal Complaint Committee under the POSH Act. This was a preliminary Inquiry keeping in view the scale of the allegations and the CJI and the overall impact on the Supreme Judiciary of the country.

When the panel was still probing the allegation the woman Complainant left the proceedings with fresh allegations that she did not have faith to receive justice from the Judges of the said inquiring panel. She had a list of grounds on which she showed lack of faith in the proceedings of the panel. These grounds included:

  • She was alone without a lawyer or a support person
  • She felt intimidated in front of the Judges of the Supreme Court
  • There was no audio-visual recording of the proceedings of the panel

Even the newest of the student of law in India would understand the pith and substance of these allegations. These allegations are merely to create a hype in the matter.

If everyone including all citizens of India appear before such in-house inquiries in person then why this woman needs a lawyer or a support person. If in no case in the Indian history the proceedings of any Court were not audio-visually recorded then what is that special thing which has made this woman to place such a demand before the public. Feeling intimidated or boosted is a personal reaction of that woman. But generally, it is said and believed when a liar has an apprehension of being caught, he/she feels intimidated. Till date that woman has not explained or record why does she not feel satisfied in seeking and getting justice through a procedure which has been established by law and through which crores of Indian daily seek justice in Courts. Is she demanding that a separate Court of Judges of her choice with a law of her choice should examine her veracity with a procedure of her choice?

Why the people of India fail to understand that this woman is here to sensitize the whole issue so that she gets some benefit which is yet not clear from the facts disclosed so far.

Some Judges are reported in media to have come to plead that she ought to have been provided with a lawyer before the in-house panel. It is not clear whether these Judges were stating this inside some weekend fun-club or they were really serious to argue it that way. But one thing is clear that a message is being spread that – ‘My shirt is whiter than you, the Chief Justice’.

Public remembers that in a city bus when a pick-pocket is caught and thrashed the forerunners in such activities are those other pick-pockets who were not caught by chance. By putting them in utter contrast to the caught pick-pocket those un-caught pick-pockets try to show their good character.

Such un-caught pick-pockets should know that the difference between them and those being beaten is only that much that they were not caught. The difference is not the act of pick-pocketing. The crowd is least bothered about the ‘Act of Pick-Pocketing’.

The same game is being played here with the Chief Justice of India. The public, the media, the bar and the comment-making Judges are least interested in knowing the truth of the allegations, they appear to stride on their agenda at this moment.

My point is that these agendas are not still clear. Beware of them, as much as it should be from the hype generating complaint and the Complainant.

 

SEXUAL HARASSMENT ALLEGATIONS AGAINST THE CHIEF JUSTICE OF INDIA

A Letter to the Hon’ble Chief Justice of India


SIR, THIS MONSTER IS YOUR CHILD

To

The Hon’ble Chief Justice of India
Supreme Court of India, Delhi

Subject: Allegations of Sexual Harassment at Workplace against the Chief Justice of India

The most Hon’ble Sir,

Most respectfully it is submitted as under:

That the social and print media of this country is flooded with the news, articles and other printable material that a previous employee of the Hon’ble Chief Justice of India has levelled grave allegations of Sexual Harassment at Workplace against the Hon’ble Chief Justice of India.

That those who do not belong to the Universe of Indian Judicial System are making comments of this and that nature. There are people from this grand Universe of Indian Judicial System who know the metal with which the Hon’ble Chief Justice of India has been made and they are unshaken in their belief and words.

That they know the sparkling whiteness of the character of their Chief Justice of India. They know the unscrupulousness of the allegations. But the QUESTION REMAINS UNANSWERED – Why Such Allegations were made?

For the last 5-6 years the growth of Indian Jurisprudence has almost stopped except daily new explorations of linguistic jargons to show that a particular gender in Indian society is vulnerable, legally handicapped and economically downtrodden. The methods have been devised to eliminate the other gender through law and legal interpretations.

That it was shown, preached and repeated that the history had done all oppressions and cruelties on women and now to restore the pendulum of HISTORICAL JUSTICE the males should be punished. Legal artifacts were devised to undo those tales of historic injustice. Whenever a male gender argued for equity and fairness, the legal protagonists told him that if you have not done the wrong then it must have been done by your father or forefathers. The same wolf and lamb kind of arguments was started in the Indian society.

That in the non-visionary mode of working the Indian Judicial System equipped the females with such gadgets and weapons which were fatal for the remaining society. The general and universal Rule of the justice dispensation is that whoever says that a wrong has been done to one then the one had to prove the veracity of the allegation. But the females were exempted, in law, from even such minimum jurisprudential requirement of proving veracity of their allegations. Their mere allegation is made sufficient to completely fracture the life of males.

That such a special jurisprudential rebate was given to the females not on the basis of any scientific discovery or a legally proven fact that all females always speak truth in all circumstances, but it was given under the pressure of a special lobby and under the influence of some sick personalities who were instrumental in drafting and enforcing the Criminal Amendment Act 2013.

That your lordship is the most respectable Chief Justice of India. Your lordship is the ultimate law of the land. Whatever your lordship speak, becomes more effective than a Parliamentary Legislation. When your lordship said that the allegations against him were false and unscrupulous all citizens of India believed it. No law enforcing agency, no Court of magistrate, no constitutional Court can differ from the truth that the allegations were fake and motivated.

That the problem is for the people of India who are not the Hon’ble Chief Justice of India. What those unfortunate citizens can do? Or ought to do?

That such unfortunate people keep arguing, their families keep showing materials of innocence, they keep sobbing in helplessness and the Police put them inside the lock-ups, their images are tarnished. They cannot show their faces in the society. This all happens merely on allegations of Sexual Harassment. All legal machinery is brought into action just to decimate the male who is facing allegations.

That nobody can argue that an offender is not to be punished properly as per law. But what about those who face similar fake and unscrupulous allegations of Sexual Harassment at Workplace as the Hon’ble Chief Justice of India is facing presently. What about those who are made to go to social extinction merely on the basis allegations. What about those whose fates are decided even without giving them a proper hearing about their innocence. And they have to face this all just because they are not the Chief Justice of India or any other Judge of the Hon’ble Supreme Court or Judge of an Hon’ble High Court.

That the present system protects only the Chief Justices and Judges of the Hon’ble Supreme Court and Hon’ble High Courts. But there are other citizens also in India. They are crying under the rollers of this most monstrous legal regime on Sexual Harassment. This Sexual Harassment may be at the Workplace or in the society anywhere, the male has to receive the orders of beheading.

That this country India, does not have any study as to what percentage of workforce, particularly the male workforce is under suspension after such baseless allegations. There is no study, and it cannot be, as to how many matters are sorted out by money transactions. There is no study how many females have abandoned their official duties just to have fun around because they cannot be asked to do work by a male boss otherwise, they will make complaint of Sexual Harassment against the boss. There is no study about the decrease in the official work in India within last 5-6 years just because of such an illogical rules at the Workplace.

That the Indian Court and Indian Judges have been moot spectators against this Legal-Intellectual corruption against the whole gender in the society. Now they are emboldened enough even to engulf the highest podium of Justice in India. It is also sure that if such an abrupt legal regime is not rectified soon, there would be more attack on the Chief Justices and Judges of the Supreme Court and High Courts until they are awake.

That the present scenario is just contrary to the need of the society. There are High Court Judges like Justice Geeta Mittal who were involved in hiring complainants for lodging complaints against the Judicial Officers. This aspect is to be examined carefully if Justice Geeta Mittal or any other insider of the same taste is behind this insidious attempt against the Hon’ble Chief Justice of India.

Most Hon’ble Sir,

We ourselves, as a system, have given birth to this monster of fake complaints of Sexual Harassment. We have done this, without devising any methodology to sort out a fake and fabricated complaint from the true descriptions of a real offence. We need to do it immediately lest this Bhasmasur of false complaints of Sexual Harassment, should eat up the entire society all at once.

Your faithfully,
We the People of India

Copy to

  1. The Hon’ble President of India
  2. The Hon’ble Vice President of India
  3. The Hon’ble Prime Minister of India
  4. The Hon’ble Lok Sabha Speaker of India

Delhi Judiciary: Corruption from Bottom to Top

Delhi Judiciary: Corruption from Bottom to Top

A lady Chief Justice who is these days enjoying hot Kaava in a Himalayan state of India has been very infamous for abusing her official powers against those who are vulnerable.

These days she was writing another episode of a serial which she started in July 2016. At that time, she was alleged to have hired a lower rung employee of District Court Dwarka Delhi to lodge a fabricated complaint against an Additional District Judge posted there. The reason behind the personal animosity between that Additional District Judge and the Chief Justice was that the Additional District Judge refused to give her some favour which she wanted against the law. The animosity was sown and the Additional District Judge as a subordinate to that Chief Justice was destined to face an odd time thenceforth.

The said Chief Justice personally went to District Court Dwarka in the room of a lady District Judge who was Chief Justice’s friend. They both hired a lady from District Court Dwarka and the Chief Justice dictated the substance of the complaint to that hired woman. Thereupon, the said Chief Justice brought it in her bag to the Delhi High Court from the District Court Dwarka. In the Delhi High Court that Chief Justice (at that time she was only a Judge of the Delhi High Court) lobbied against that Additional District Judge. He was placed under suspension.

Initially, a Committee of five Judges was formed to look into the complaint of Sexual Harassment against that Additional District Judge. The Committee found that it was a fake case. The Committee recommended a dropping of the case against that Additional District Judge. As per law, the complaint could not proceed against beyond this point. But that lady High Court Judge was mentally and physically sick.

The said Chief Justice Delhi started wielding her official powers. She hushed up that acquitting report in favour of the Additional District Judge. Defying all the laws, the Constitution of India and morality she appointed the same five Judges to inflict a punishment on that Additional District Judge. But that Additional District Judge had got a hint as to what would be done against him by the subsequent Committee of those five Judges. Meanwhile from the Judge of the Delhi High Court she became the Acting Chief Justice of Delhi.

That Additional District Judge had approached the Hon’ble Supreme Court against the high-handedness of the said Acting Chief Justice and her puppet Committee who were going to inflict a punishment on him by violating all the law and the morality.

The then Hon’ble Chief Justice of India was also informed about the abuse of power by that Acting Chief Justice Delhi. The Hon’ble Chief Justice of India after perusing the material available on record transferred that Acting Chief Justice Delhi to a small Himalayan state. It was thought that now she would stop misusing her official powers and wreak vengeance against her personal animosity. But she did not stop.

The bench of the Hon’ble Supreme Court hearing the matter of that Additional District Judge was headed by a Supreme Court Judge who hailed from the state of Delhi. That Chief Justice approached the Hon’ble Judge heading the bench and made a request to decide against the Additional District Judge. It was very uncommon for the Hon’ble Judge heading the bench that a person sitting in the office of a Chief Justice can corrupt the administration of justice to such a low level. He was not happy with the Chief Justice of that Himalayan state who was earlier the Acting Chief Justice in Delhi.

That Chief Justice told the Hon’ble Judge heading the Bench that she would also be elevated as a Supreme Court Judge soon and she would be giving favour to the Hon’ble Judge heading the Bench if it is needed anytime in future. The conscience of the Hon’ble Judge heading the Bench did not allow him to abuse his powers to such a mean level of working. But he also could not take a risk to make that Chief Justice who would soon be a Supreme Court Judge, angry.

The corruption, though could not win over the Hon’ble Judge heading the Bench completely but it had affected his reasoning. He was tempted to move away from his righteous path. The Hon’ble Judge heading the Bench devised a way out. He withheld the matter of the Additional District Judge and kept adjourning it. For the first time in the modern history of Supreme Court of India, a case was repeatedly adjourned six-seven times and that too without assigning any reason for the adjournment. This is a verifiable factual truth that can be verified from the records available on the interactive website of the Supreme Court.

The whole factual matrix was brought into the notice of the new Hon’ble Chief Justice of India. The matter was corroborated from the facts. The Hon’ble Chief Justice of India took a firm decision. His Lordship created a history in India. The Hon’ble Chief Justice of India refused an elevation to that Chief Justice of Himalayan state. His Lordship saved the seat of Hon’ble Supreme Court from being defiled by such a vicious element. The new Hon’ble Chief Justice of India is a pioneer of highest values of Indian Judiciary.

But the story is about the corruption of that Chief Justice of the Himalayan state who wrote a fake story and then tried to corrupt the Indian Judiciary to protect that fake story. She influenced five High Court Judges in Delhi and corrupted them to do injustice to a vulnerable Additional District Judge. She again tried to corrupt Hon’ble Judge heading the Bench. Though, the lady Chief Justice was not fully successful yet she was able to almost corrupt him.

It shows that corruption in Indian judiciary is because of such stinking personalities as is that High Court Chief Justice of that Himalayan state who was in Delhi before that. Judiciary cannot be cleansed properly unless such unwanted black sheep are killed at the earliest.

Delayed Justice

In 2014, the Delhi high court granted divorce to an 85-year-old man after a legal battle spanning 32 years that ruined all hopes of resuming a married life.

“This is an unfortunate case where the parties have spent more than half of their (married) lives in the alleys of the courts,” the high court had said, expressing anguish over the slow process of justice.

But instead of being an exception, this case is part of a larger malaise afflicting the Indian judicial system.

“Delay in disposal of cases, not only creates disillusionment amongst the litigants, but also undermines the capability of the system to impart justice in an efficient and effective manner,” former Supreme Court judge BN Agrawal had said.

At times, delay in justice delivery can have serious consequences as has been witnessed in the case of a minor rape victim from Bareilly who gave birth to an unwanted child after being denied permission to abort her foetus.

Vacancies of judges

With about 30 million cases pending in various courts across the country, Indian judiciary is struggling to clear a huge backlog. If on an average three persons are involved in a case, then there are at least 90 million people waiting for justice. Bulk of these cases is pending in subordinate courts thronged by poor litigants — who bear the brunt of the snail-paced system.Bulk of these cases is pending in subordinate courts thronged by poor litigants – who bear the brunt of the snail-paced system.

Of late, the problem has been compounded by the unprecedented increase in judicial vacancies across the three tiers of Judiciary.

Official figures show, the SC is short of five judges, 24 HCs have 464 vacant judges post and 4,166 at the subordinate courts. Two more SC judges are due to retire this month.

Appointment to the Supreme Court and high courts are done by a collegium of the top court. But judges in the subordinate courts are appointed by the state high court.

Cleansing Judiciary

In its collegium resolution dated 10.01.2019 the Chief Justice of India and other senior Judges allowed the elevation of two Judges from the Karnataka High Court and from Delhi High Court to the Supreme Court. In allowing these two elevations the Supreme Court had dropped almost thirty-one Judges from the list of Judges waiting for their elevation to the Supreme Court.

A flurry of critical comments was also showered as is a general practice in India. These views were ranging from disquiet to anger depending on the amount of pain felt by the commentator concerned.  One Justice Kailash Gambhir was there who although was not in the line of aspirants yet was waiting for a good wind to blow so that ripened fruits might fall down the trees. He wrote an article almost vituperating the action of the Supreme Court. This Justice is well known in the judicial circles for his power brokering capabilities. There are some others also. They are Ram Vilas Paswan of Judicial Kingdom. Irrespective of the name of the king and the kingdom they are busy in minting money. They were in agreements with the possible kings hailing from Delhi to Rajasthan but the Supreme Court has fallen heavily on the designs of such manipulators.

But Justice K Gambhir is not the subject of this article. The subject is the greatness of this order of the Supreme Court which had a cleansing effect on the Indian Judiciary at least the top judiciary.

It is an open secret that judgeship of the High Courts and the Supreme Court is a family business of a few oligarchies in India. It is a closed group of rulers who Rule this country without any responsibility as the political leaders have towards the people of India. The Judges in India are not responsible to the people in India although they say that they are responsible to their conscience.

Consciences are never objectively verifiable. These are subjective definitions of the bearers.

For this exact reason the Judges of Higher Judiciary in India are mostly arrogant and disoriented from the grass-roots concerns. They have their own priorities. They are learned. But they are bullish also. Their dedication towards the system is their personal traits. The person coming from a decent family behaves decently while a few ones do not allow the litigants or even advocates to speak much before them.

Only their personal choices make them decide their conduct. One among these denied Judges hailed from Rajasthan. He believed that the law had not grown more than his knowledge in head. He always cited him as the ultimate authority on any topic. The Supreme Court did not find his claim worthy and denied any elevation to him. One of his judgments was found floating on the net containing irrelevant and unconnected excerpts taken from some other old judgments.

The Judge from Himalayan region was found tempted to have political hobbies of loving publicity. This Judge was found damaging district Judges under its control by filing false complaint against them. This Judge used to hire woman complainants for damaging Judicial Officers under its control. What the hell this Judge would not break on the Judges if it was elevated to the Supreme Court.

By this selective action the Supreme Court gave a clear indication that being a High Court Judge is not sufficient criterion for their elevation to the Supreme Court. They need to do something more. It is necessary for them to have merits also. It is necessary for them to have competence also. The Apex Court in its administrative action has taught unruly High Court Judges to conduct in a Rule-based manner.

Up to now the High Court Judges used to behave like a monarch, a despot and a tyrant. Now the Supreme Court has taught them to behave like a subordinate also who is to abide by some minimum ethical standard.

Men’s Life is India is Legally Hard

Defend Justice

An allegation of rape by a woman against her landlord later turned out to be false . Investigations revealed that the allegation was levelled after the landlord refused her the monetary favours which she had been regularly demanding.

In yet another case, a girl accused her live-in partner of rape when the latter refused to marry her.

“There is no dearth of cases in which fake allegations are levelled against men for ulterior motives. Our helpline remains flooded with such complaints in which the real victims are men,” said Indu Subhash, who works for the rights of men.

Indu feels that in a number of cases, laws meant to protect women are misused . “I have a long list of cases in which girls get into relationships with boys and if there is any tussle , they find it the easiest to level allegations of sexual assault on the boy. Since the law ensures immediate arrest of boys in cases of sexual abuse, the latter find themselves in troubled waters due to the fake allegations,” Indu said .

“Laws are like double-edged weapons. If they are made to protect the rights of a person, they can also be misused to throttle the liberty of opponents,” the Delhi court had observed, while acquitting the man of rape charges in a case in 2008.

“My neighbour accused my brother of sexual assault. My brother was arrested. But when it came to appearing in the court for the case’s hearing, the girl never turned up. The case was later dismissed. But my brother and my family went through hell in all these days,” said an IT professional pleading anonymity.

A number of cases of blackmailing have also come to light. “It all begins with blackmailing. Many times, the men are blackmailed and asked for favours. They are threatened that if they don’t fulfil the demands, they will be accused of sexual abuse,” said an office-bearer of Pati Pariwar—an organisation that works for men’s rights.
Lawyers too admit that fake cases of sexual assault are common. “In many cases, the woman gets hostile. There are cases in which there are out of court settlements also. All this adds to the low conviction rate in cases of rapes and sexual assault in the country,” said a lawyer.
While the number of fake cases is no less, there isn’t any data available to substantiate the point. There is no list of fake cases maintained anywhere that has been shared in public.

In many cases, girls are used as weapons for revenge, say the men’s rights activists. “You can easily find cases where there is a property dispute between parties and allegations are levelled through women. Such allegations tarnish the image of a man and are one of the most commonly used weapons during rivalries,” said Indu Subhash.

Even the Supreme Court sees the Abuse of Laws

India’s Supreme Court has ordered the authorities to stop misuse of the anti-dowry law after concerns that a large number of false cases were being filed.

The court said that people accused of dowry harassment should not be arrested until charges were verified.

Thousands of people are arrested every year under the tough anti-dowry law, but conviction rates are low.
Government data shows that 7,634 women were killed in 2015 in dowry-related incidents.

The practice of dowry has been illegal in India since 1961, but it continues to thrive and campaigners say it leaves women vulnerable to domestic violence and even death.

Paying and accepting dowry is a centuries-old South Asian tradition where the bride’s parents gift cash, clothes and jewellery to the groom’s family.

To prevent dowry deaths and harassment of brides in their matrimonial homes, India introduced a tough anti-dowry law – Section 498A of the Indian Penal Code – in 1983.

A complaint under the law allows for immediate arrest and jailing of the accused, often the husband and his family members, but campaigners say the provision is frequently misused with many women filing false cases.

insights

The present day society is basically founded on an unjust ground. Their independence is paradoxical. they are forced against their will. only those who are manipulative get their dues. all others starve in one or another form of destitution. 

let’s end it. Spread the idea of independence.