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Sunday, August 06, 2006

"IMPOSSIBLE IS NOTHING" Don't let your life stall on anything

What swarup says is right brother shetty, u can have children (like rabbits if u will) , stay together, name them after you and the law will have to just allow u to do so(the lady u decide to live with, just have to stress with anyone that u guys didn't at all have a marriage, and all those rabbits are love-children and that she wished that they carried their biological father's name and surname- who on earth is gonna deny this right of a lover!?).

You just need conviction in your decision, as theres no legal problems.. see this post: http://bok498a.blogspot.com/2008/04/legal-position-of-bigamy-adultery-vs.html (also see two reports about a similar situation of actor Pawan Kalyan).

Bigamy(IPC 494: http://www.vakilno1.com/bareacts/IndianPenalCode/S494.htm) is only if someone can prove that u r married(example: if you are a hindu; as per Hindu Marriage Act)- so don't marry... so no proof of marriage possible....simple, keep/take no photos of any ceremony distantly similar to marriage, or create any marriage record. Just live with ur friend for life, theres a word "companion" gaining respectability in even Indian cities, anyway if u don't care a damn about society, all this is no bodies business. But be wary of IPC 493, which says that if u induce a belief of marriage in a lady, when u are only cohabiting, thats chargeable with IPC 493(http://www.indialawinfo.com/bareacts/ipc.html#_Toc496765386 ,10 years max boss, so be very sure about ur companion!, else its back to battle again, but thats no big deal for u all now, right?;)

As far as Adultery(IPC497: http://www.vakilno1.com/bareacts/IndianPenalCode/S497.htm ) goes: Only a husband can sue a suitor of his wife, if this suitor knows that this lady is married and has no expressed consent of the husband to get close to his wife!- so its funny, its saying wife can't get a husband punsished for adultery(only husband can frame his wife's suitor. not even his wife!), plus this law actually points towards threesomes!!!. So give a F&$K to the law and in-laws and get ahead if it suits you.

Basically it all boils down to your conviction and how afraid u are of society- which never helped or shielded you from harms way when you really needed that(in case u r not convinced that much about ur decision to go ahead and live with ur companion). So y give a damn about the so-called society, show them ur middle finger and walk tall and straight ahead where u wanna go.
Why I explained this in detail is that after 2-3 years most of the elders in the family are worried silly about getting boys(or girls for that matter, but we don't have to empathise with those law misusers, right?) married(to see their grand children play before the end of their days, as the popular concept in India goes). So its important to pacify those worried parents and senior citizens and show courage by taking you life into ur hands, and either decide 1) not to marry(just ensure that u are sufficiently amused and live an interesting life however it suits you- but yes, take care and use protection), 2) not rush to marry, or 3) if u find someone and are fairly confident that shes not the garden-variety-498a-girl(u can't be 1000% sure anyway, but these are the risks u have to assess and own-up) just start ur life dont wait for god to really appear before you- just understand that he has provided with just enough loop holes for u to survive and have a fulfilling life.

So the message is that live the life you want to, don't ever be limited by any restrictions either imagined/imposed by self or projected on to you by others- believe in the infinititude of human mind.... where theres a will, theres a way... period. Come on legal hassles are not Greek and Latin to u guys now, u can in fact be consultants in 498a issues, so do what u wanna do, "IMPOSSIBLE IS NOTHING"(quoting a sports company's catch phrase).

BTW, if someone wants the exact ways and means to proceed as above, I have a "template"(like the advocates have the false 498a complaint template) which can be shared in Private(but guys someone tell me how to create a password protected folder or page in the web, else I will be most probably spending all my time replying to your queries in this regard, so please tell how to password protect a webpage or folder- A word file should work, but any more intelligent solutions, so that it won't be misused much(not worried about this much, since I have stopped fretting about being morally correct and stuff like that) and that I don't get into another soup!... not that I mind it , but for now, I would like to devote 100% of my time to send the misusers packing to where they deserve to be).

I know this realisation would be a great relief and reason for reformation to many. Swarup is one walking talking example of such a guy, and he is not alone , that population is increasing(thanks to the law, we are being made stronger and invincible). I will leave you with a thought provoking and pragmatic quote "The supreme act of war is to subdue the enemy without fighting!" . So live anyway, but fight only if warranted.

Also read this post:

Legal Position of Bigamy-Adultery Vs 498a Situation: Further explained

Wednesday, August 02, 2006

How we can build content- Structure of Contents

The initial development of the BOK will be a bit tricky, but lets not give up on it anytime. Initially we just have to copy paste various advice our SIF members give in the main group(advices given in the past can be copied from the message archives), which we find good/effective, under clear and unambiguous Title names(which describes the situation in question, in a few words). So that we can make the same Titles listed as the various entries of the index page too(contents page).

The Index/Contents page should be just like a hyperlinked(which if clicked leads u to the details of a particular 498a situation & the corresponding advice/links/judgements to solve that 498a situation) contents page at the beginning of an book or e-book), ok. We have to build the broad skeleton before others troop in, so that there no confusion about how to go about and start adding stuff.

I plan to write sections for "FAQ", "Whats the long term expectations of this system"(so that all can plan for future requirements, like databasing requirements, storage of news, articles which are linked from the advices, etc.), and "How to Gather/Build content"
For now we need to post some blank topics(just with the 498a Scenario description as the Title of post) at BOK blog and link all them to an Index/Contents page, so that people can later fill in appropriate matter and link them to external references(news, citations, articles, blogs at other sites, etc.), else it may start becoming confusing. I am going to put in some of the blank topic posts soon to give u an idea, u too can add on.

Hope u got the broad idea.

Adding content can be as easy as copy pasting 'wisdom' already stored in the messages section of SIF group, and pasting whichever advice you find as effective in the days to come.

You yourselves must have advised so many victims with various different 498a scenarios, so u would be the best person to copy-paste those advices and any new advice you give, on to the BOK.

All the best.

Tuesday, August 01, 2006

Post-498a Scenario: When passport is feared of being seized, and person anticipates detention for an unreasonable time

If the husband(or the victim family) is working abroad, and is facing a high profile opponent who is legally terrorising them, with the girl's side having a lot of political or other influence, and has a lot of clout in the system. The bail may be opposed strongly, or after bail they may have to attend police station at frequent interwels or at the will of the police- this itself is a worry- but an application to relax the bail conditions could be the remedy).


The main problems are whether the bail would be denied or whether the passport will be impounded/seized and they will be kept remanded for an unreasonable time(there by affecting ones job) with influence and money power.

See how Mr.Rao had got the passport released from HC andhra(see details in message: http://groups.yahoo.com/group/saveindianfamily/message/19156 ). One could also try emailing Mr.Rao email: rao257 (at) yahoo.com.

But in these kind of cases the real trouble is with the influence and power of the girls side, and to nuetralise the potency of the girl's side influence, one has try and submit petitions(to Authorities right from PM, President to MP,MLA, political party local presidents & other important office holders, similarly with the police authorities from IG to SHO(Station's Senior inspector, clearly mention the police station and Court where ur case is going on in your petitions)) mentioning the boys apprehensions of being detained for an unreasonable time in india with his passport also not being given back, there by affecting/losing his job abroad, etc. etc.

The effect of this kind of petition is not because all those higher officials and authorities care a damn, but that the Station Senior inspector, other police officers involved in the case and DCP of the zone, and the Magistrate(put a copy to the magistrate too, ask your advocate about this) will think twice about yielding to the influence of the girl's side.

But one may have reservations about this strategy, since both the families could have a lot of common friends and 'biradri' folks between them- but what better to do , in this case(or for that matter any other), other than to fight out fully.

This is exactly the same strategy which saved many victims(this was actually advised by a high ranking police officer, so do understand that this is a time-tested and sure-fire strategy)- as this has worked out in the boys favour in cases where the girls side were putting a lot of pressure right from delhi to the local congress committee, etc.- but they are all free and hitting back at the girls side now

The son can avoid coming to India and just be where he is, but the parents Passports also could be seized, and hence they cant visit their son + this 498a case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is our frank opinion.

Some references, coutsey to the respective sources(not plaigerism, just info dissemination)

1) http://ipc498a.wordpress.com/2007/04/12/sc-judgment-maneka-gandhi-vs-union-of-india-1978/ ->

SC Judgment: Maneka Gandhi Vs Union Of India (1978)Published April 12th, 2007 :

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.
The SC intrepreted this as a case for due process. The article from the Hindu is given below:

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5154

The SC kept the passport, but she was given a hearing.
A warning! It is a 144 page judgment.

Introduction to the 498a BOK

As we had discussed some time back(at the 498a.org forum: http://498a.org/forum/viewtopic.php?t=33 ) we should start developing a system which consolidates all the 'wisdom' our members have individually, about dealing with various kinds of 498a situations.

For this we need to work like "Wikipedia"............. (Wikipedia is an encyclopedia written collaboratively by many of its readers. It uses a special type of website, called a wiki, that makes collaboration easy. Lots of people are constantly improving Wikipedia, making thousands of changes an hour, all of which are recorded on article histories and recent changes. Inappropriate changes are usually removed quickly, and repeat offenders can be blocked from editing.)

Since we don't have the same kind of facilities/resources like wiki, we have to make do with the same style working principle, but through a blog(http://bok498a.blogspot.com/ ) where we can invite contributing members. And all these members can be made Admins(or moderators) of this blog, so that they can edit the earlier posts and create more and more exhaustive, incisive and targeted solution contents- which can be suitable for every kind of 498a situation.

For example I am posting the solution I wrote to Mr.Sukumalchandra(as in the mail below) to the blog, with the subject title as "Post 498a: When passport is feared of being seized, and person anticipates detention for an unreasonable time". After I post this, an email will be sent to all the members(we will make a yahoo group of whoever wants to be member, or can use one of the dormant groups like sif1@yahoogroups.com for this purpose), and members(who are also Admins) can add on to the content, introduce links to judgment, articles, etc. or edit it for correctness, so on and so forth..

We can make an index/content page of all posts to this blog which contan links and cross links(as explained in http://498a.org/forum/viewtopic.php?t=33 ), and put this index/content page in a prominent place on the blog, so that we can navigate to the appropriate section of the 498a situation we are trying to address(either to give advice to new members or to research for our own purpose).

So this email is going to be the first introductive post at http://bok498a.blogspot.com/ , see you there. I will be inviting you all soon to become members+Admins. We will announce this to the more people once we get a hang of this system and adopt some procedures to make it efficient as we keeping working on it.

Our advices and our own researches for 498a solutions can be giving a cutting edge this way, do contribute to this BOK building at your convenience. Lets make this a success. Don't you feel the enormous potential of this BOK system, already?

Once you are an Admin cum member you can edit/append an existing post and of course create a new post, etc. Read more on building content and in what structure/format : http://bok498a.blogspot.com/2006/08/how-we-can-build-content-structure-of.html

One easy thing for you to build the content is to include all your advices to victims(which anyway u all are painstakingly doing) in appropriate manner(with links to the index( have not made a separate index yet, but its just 2 post now), so all the 2-3 posts will be displayed in the main page anyway, for all to see).


regards
Gokul

PS:mail me at drmura@hotmail.com or Vinayak at e_vinayak@yahoo.com , if you are not made an Admin yet, or for any other queries, suggestions, etc- you can also post comments for all the members to see. SO experiment all the features of this blog. This is our Blog... our BOK Missile against the misusers.


----- Original Message -----
From: Gocool
To: Satya Kumar ; (Ca)vinayak ; (ca) Sanil ; santhakka@yahoo.com ; rao257@yahoo.com
Cc: sukumalchandra@yahoo.co.in
Sent: Tuesday, August 01, 2006 1:36 PM
Subject: Please advice & refer this member to someone working abroad, who has gone thro' Passport Impounding+Bail
Hi All,

This SIF member( sukumalchandra@yahoo.co.in sukumalchandra (at) yahoo.co.in ) is working abroad, his parents are in delhi facing a high profile case in Andhra(the
delhi to the local congress committee- but we are all free and hitting back now
............ snipped..........

Do give ur tips, to this family in distress. Their son can avoid coming to India and just be where he is, but since the parents PPs also are seized they cant visit their son + this case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is my frank opinion.