Jail Bharo Photos

Please find photos of Jail Bharo Andolan in Hyderabad at the following link:

http://picasaweb.google.com/trpartha/6JulProtest?authkey=Gv1sRgCNWB_5To_IjZIg&feat=content_notification#

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Memo to Commissioner of Police – Hyderabad

The following is the memo submitted to the Commissioner of Police in Hyderabad on 6 July 2010, as part of our Jail Bharo Andolan.

*****

6 July 2010

To

The Commissioner of Police

Hyderabad

Subject: Joint Memo by AIFWA and AIMWA seeking strict measures to end the misuse of anti-dowry laws.

Dear Sir,

I am writing on behalf of All India Forgotten Women’s Association – an organization dedicated to promoting true gender equality and fighting against the misuse of protections and privileges granted to women – and All India Men’s Welfare Association – an organization working for men’s welfare and fighting against all forms of discrimination and abuse against boys and men.

At the outset, we would like to thank you for allowing us to stage a peaceful demonstration in support of Sri. Ravindra Gangurde’s “Jail Bharo Andolan”. We would also like to use this opportunity to present before you, the changes we seek in the law enforcement system to check misuse of IPC Section 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”, and have therefore turned into lethal weapons of blackmail and extortion.

Several authorities have noted that in close to 98% of cases filed under IPC 498A, the accusations are false and that the complaints were only filed with ulterior motives. Several authorities have noted the wide spread misuse of this law.

  • The Supreme Court of India termed the misuse of IPC Section 498A as “Legal Terrorism”.
  • The Delhi High Court termed IPC Section 498A “the most abused provision”.
  • The World Health Organization, in its report on India clearly cited Section 498A as one of the major reasons for the “Increasing Abuse of the Elderly in India”.
  • News reports revealed that many falsely charged, poor and illiterate women are languishing in prison every year.
  • News agencies have also reported many cases where individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years.
  • The National Human Rights Commission noted that the Tihar jail is overflowing with people falsely accused under dowry cases.

The High Court of Andhra Pradesh made several judgments commenting on the misuse of anti-dowry laws. The Commissioner of Police, Hyderabad issued standing instructions vide memo No.L&O/M6/1315/2002 to check arbitrary arrests under anti-dowry laws. The AP Police Dept. has even launched a web page entitled “Abuse of 498A” on the Dept. website. The Union Ministry of Home Affairs issued an advisory to all the State Governments and Union Territories on checking the misuse of Section 498A.

Nevertheless, abuse of police powers continues and lower cadre police officials keep making arrests without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion.

Misuse of laws like IPC Section 498A are harming men, women and children of India. Due to misuse of Section 498A numerous families have been broken beyond repair and are suffering immeasurable economic hardship and emotional trauma. In addition to penalizing innocent citizens, a large backlog of false cases pending in courts prevents genuine victims of abuse from obtaining justice. The country has already incurred a huge social cost in addition to the enormous financial burden imposed on the public exchequer.

The number of fatherless children and single mothers is rapidly growing due to criminalization of marital disputes and involvement of Police in the name of “counselling”. Of late, there is also a rise in the number of suicides and spousal murders due to misuse of anti-dowry laws, unwarranted arrests and imprisonment of ordinary law-abiding citizens. It would not be an exaggeration to state that the mindless application of IPC Section 498A is making criminals out of ordinary citizens.

In light of the above-mentioned facts, members of All India Forgotten Women’s Association and All India Men’s Welfare Association, hereby, seek the following changes in the law enforcement system to check misuse of anti-dowry laws, to promote family harmony, to ensure that the innocent are protected and justice is delivered to the genuinely aggrieved irrespective of gender.

1. Ban Police involvement in marital counselling.

Marriage is a civil matter and should be treated as such. Marital issues should be dealt with utmost caution so that harmony is restored between disputing spouses. Allowing Police intervention in everyday marital issues and allowing them to indiscriminately file criminal cases on the accused husband and in-laws is resulting in destruction of families.

2. Allow no arrests without written permission of Senior Police Authorities.

It has become routine for lower cadre Police personnel to make arrests of innocent people based on mere allegations, without proof or investigation. Strict measures have to be taken so that no arrests of any of the accused (man, woman or child) are made without proper investigation and written approval of police officials of the rank of DCP or above.

3. Ensure that “dowry-givers” are promptly prosecuted.

The family members alleging “dowry torture” or “dowry killing” of their daughter should be promptly prosecuted if they allege or are found to have given dowry because according to Dowry Prohibition Act, giving dowry is also a crime.

Until the above changes are made and unless strict measures are taken to prevent lower cadre police officials from abusing their powers in the name of “protecting women from cruelty and harassment”, we would be constrained to encourage ordinary citizens to fill up prisons and not apply for bail as a sign of protest.

We hope that you will take our recommendations and suggestions into serious consideration and promote justice and fairness irrespective of gender.

Thanking you.

Sincerely,

Uma Challa

For All India Forgotten Women’s Association & All India Men’s Welfare Association

PRESS RELEASE – 6 JULY 2010 – JAIL BHARO!

Today, All India Forgotten Women’s Association and All India Men’s Welfare Association are staging a peaceful demonstration near the Women Police Station, CCS, Hyderabad, between 10:00-11:00 a.m. as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. This demonstration is in support of Mr. Ravindra Gangurde’s call for a nationwide “Jail Bharo Andolan”.

It is a well-known fact that today, a husband and his kin can be arrested upon mere allegations of a wife, without any evidence or investigation under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

The real motive behind these arrests is to terrorize ordinary law-abiding citizens and to extort money from them under the threat of imprisonment and long-drawn legal battles.

It has to be noted that complaints on celebrities and influential persons are treated with utmost care, investigation to ascertain facts is given great importance, and in almost all cases arrest is avoided, whereas, ordinary law-abiding citizens are abused, threatened, blackmailed and arrested in gross violation of our Constitutional and Human Rights.

Several authorities have observed that anti-dowry laws are among the most abused laws in India:

  • The President of India, High Courts of various States, the Supreme Court of India and the World Health Organization have noted the misuse of dowry laws.
  • The National Human Rights Commission has issued guidelines to stop unnecessary arrests.
  • The Commissioner of Police, Hyderabad, issued standing instructions through a memo vide No.L&O/M6/1315/2002 to check arbitrary arrests.
  • The AP Police Dept. has a web page entitled “Abuse of 498A” on their Department website.
  • The Union Ministry of Home Affairs issued an advisory to all the State Governments and Union Territories on checking the misuse of Section 498A.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

Under the present circumstances, it is imperative that our fathers, brothers and sons are prepared to go to jail along with us even if they committed no crime.

“Jail Bharo” campaign is aimed at freeing ordinary law-abiding male citizens and their kin from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

We are submitting a memorandum to the Commissioner of Police, Hyderabad, today, to convey our intent to encourage people to fill up prisons and not apply for bail, unless strict measures are taken to prevent lower cadre police officials from abusing their powers in the name of “protecting women from cruelty and harassment”.

We demand a complete ban on Police involvement in marital counseling as marriage is a civil matter, and since Police intervention in everyday marital issues and allowing them to indiscriminately file criminal cases on the accused husband and in-laws is resulting in destruction of families and ruining the lives of scores of individuals.

We also demand that no arrests of any of the accused (man, woman or child) are made without proper investigation and written approval of police officials of the rank of DCP or above. The family members alleging “dowry torture” or “dowry killing” of their daughter should be promptly prosecuted if they allege or are found to have given dowry because according to Dowry Prohibition Act, giving dowry is also a crime.

NOTE: Aryan Vaid, former Mr. India and the first Indian to win Mr. International title endorses our “Jail Bharo” campaign.

Jail Bharo – Placards and flyers

JAIL BHARO CAMPAIGN – 6th July 2010

Flyer – Jail Bharo (English)

Flyer – Jail Bharo (Telugu)

Jail Bharo – Placards


Press Release – In support of Jail Bharo

PRESS RELEASE

ALL INDIA FORGOTTEN WOMEN’S ASSOCIATION (AIFWA)

&

ALL INDIA MEN’S WELFARE ASSOCIATION (AIMWA)

28 June 2010

All India Forgotten Women’s Association and All India Men’s Welfare Association, hereby, announce their support to Mr. Ravindra Gangurde’s “Jail Bharo Andolan” as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. We submitted a letter today to the Commissioner of Police, Hyderabad to request for permission to stage a peaceful demonstration.

The Universal Declaration of Human Rights states:

  • Everyone has the right to life, liberty and security of person.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

India’s National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Hyderabad issued standing instructions through a memo vide No.L&O/M6/1315/2002 to check arbitrary arrests. The AP Police Dept. has even launched a web page entitled “Abuse of 498A” on the Dept. website.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of AP. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honour and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Many men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that our fathers, brothers and sons are prepared to go to jail along with us even if they committed no crime. Ordinary law abiding male citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In light of the above facts, we, the All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), extend our support to Mr. Ravindra Gangurde, who has called for a “Jail Bharo Andolan” on 6 July 2010. On behalf of our fathers, brothers and sons, we sought the permission of the Commissioner of Police, Hyderabad, to conduct a peaceful demonstration (of not more than 50 persons) near the Women Police Station, CCS, Hyderabad, between 10:00-11:00 a.m. on 6 July 2010 and personally submit a memorandum.

The following material was submitted as enclosures along with the letter:

1)    English translation of letter from Mr. Gangurde calling for “Jail Bharo Andolan”.

2)    Article from Sunday Indian; Dowry Law Sec 498(A) – How and why the law is an ass. (Special Report – English)

3)    Memo issued by Commissioner of Police, Hyderabad – No.L&O/M6/1315/2002. (Hyderabad CP’s Memo)

4)    A.P. Police webpage on “Abuse of 498a”. (AP Police – Ladies Special)

5)   Letter from the Ministry of Home Affairs to Mr. Gangurde.

Jail Bharo Andolan

28 June 2010

To

The Commissioner of Police

Hyderabad

Subject: Request for permission to stage a peaceful demonstration in support of Mr. Ravindra Gangurde’s “Jail Bharo Andolan” – All India Forgotten Women’s Association and All India Men’s Welfare Association

Sir,

The Universal Declaration of Human Rights states:

  • Everyone has the right to life, liberty and security of person.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

India’s National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Hyderabad issued standing instructions vide memo No.L&O/M6/1315/2002 to check arbitrary arrests. The AP Police Dept. has even launched a web page entitled “Abuse of 498A” on the Dept. website.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of AP. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honour and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Many men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that our fathers, brothers and sons are prepared to go to jail along with us even if they committed no crime. Ordinary law abiding male citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In light of the above facts, we, the All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), would like to extend our support to Mr. Ravindra Gangurde, who has called for a “Jail Bharo Andolan” on 6 July 2010 (letter attached). On behalf of our fathers, brothers and sons, we seek your kind permission to conduct a peaceful demonstration (of not more than 50 persons) near the Women Police Station, CCS, Hyderabad, between 10:00-11:00 a.m. on 6 July 2010 and submit a memorandum to you personally at the Commissionerate of Police in Basheerbagh.

We look forward to your favourable response at the earliest.

Thank you,

Uma Challa

President

All India Forgotten Women (Regd.)

Encl:

1)    Letter from Mr. Gangurde calling for “Jail Bharo Andolan”.

2)    Article from India Post; Dowry Law Sec 498(A) – How and why the law is an ass. (Special Report – English)

3)    Memo vide No.L&O/M6/1315/2002, issued by Commissioner of Police, Hyderabad. (Hyderabad CP’s Memo)

4)   A.P. Police webpage on “Abuse of 498a”. (AP Police – Ladies Special)

5)   Letter from the Ministry of Home Affairs to Mr. Gangurde