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IPC Section 498-A: Misuse

Dedicated to the Victimised Indian Families, Who are falsely threatened & Blackmailed by the Indian Daughters-In-Law & her family members, and those Victimised families who are already falsely charged under the Section 498A. Its all about False charges of Dowry Law, Domestic Violence, Alimony, Marriage and Divorce. NOTE: All articles are my personal copyright. They may be republished if the source is acknowledged and a link provided to this site. This is not an Anti-Women Blog. Read Disclaimer.

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Location: Mumbai, Maharashtra, India

Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. What kind of equality is this? I thank you for visiting my blog, Please visit again. And I welcome you to participate on my Blog. [indianhusbands (at-the-rate) yahoo (dot) com]. Click here for Main Page

Friday, August 26, 2005

Section 498A-Indian Men’s attitude towards it

“Men’s rights are taken for granted.” I read this statement in my mailbox, and i realised this harsh fact. I was trying to come to terms with it. I was really thinking and disturbed about the whole thing as to how straight it is. Yet nobody realizes it. Why?

I always perceived myself as justice seeker for the victims with a definite soft corner for the women. I would want to share something with all of you and would urge you to tell this to all our family members and friends. Feel free to circulate this article and create awareness.

This may sound no big deal to a 3rd person. But I am frustrated when I write this and I am writing it to you all what I felt at that moment. According to me I have found one more reason and that is the attitude of men behind all this.
My Friend's experience goes like this as he writes to me…

I ran into an old colleague of mine in the Borivali-Churchgate Fast Local at Borivali. In the 1 Hr Run he updated proudly of his new corporate avatar. He said he is working with a leading software firm as a regional network administrator. And said that his office was very near to mine, he was glad to learn that we were both were heading for churchgate and to our offices.

He shared his ideas of to-be or not to be in my present organization where he once worked, and also told me how I too could switch over to brand that he works for. He sincerely appreciated my potential to work and said I am under rated where I am. I was lured and tempted by the facility that he was talking of. Soon he assured me that he will put me on to the contact of that person who could help me switch over as I, according to him sincerely deserved a package that his company offers.

Suddenly as usual the questions of my marital status came in to picture. He was last aware that then I was so called happily married with a lady that made an Ideal match and we were identified as an ideal couple. “Aur…. Bhabhiji kaisi hai?” he asked (he was asking me about my wife). And I slowly unfolded the facts. I felt I should share it with him as he was once very close to me and we genuinely trusted and appreciated each other.

From Dadar till Bombay Central he came across various stages of counseling me, assuring me, Opinionated himself about what I am, and predicted that things will be fine either way. I told him further as to what she did to my parents (also asked them to leave the house) and then the lies with me and my family. His eyes got wider and I spoke about the gyan that she gave me about section 498A etc as to how troubled I would be if I do not Fulfill her demands.... He nodded in unison with me or atleast pretended to do so.

We arrived at Churchgate and we got up. It was understood that we were on our way to the office with in the same vicinity. And to my surprise, Instead of continuing to head with me to the office, he suddenly told me with a change in his tone “Chalo I have to rush, see you some other time.” Suddenly his signals of God Fatherly image to give me a break in his organization also diminished.

I least expected him to abruptly abscond away from me like this. I felt his behaviour towards me was similar to what an AIDS or Leprosy victim would receive from a not so compassionate guy. I am sure his reaction to an AIDS or Leprosy patient would have been just like that. And at that moment this is what frustrated me. Ideally he should have not absconded the way he did.

Honestly we men are responsible for our attitude. And after being bitten when we ask, Are men taken for granted? The answer is a Harsh “Yes” “Because Men themselves have taken their concern for rights and other things for granted”

Wake up!!! Change your attitude fellow Indian Men. 498A and Domestic Violence bill is equally applicable to all of you. Your parents, your siblings and any other relatives are vulnerable by it.
Those surpanakhas (daughter-in-law) who are disguised as sitas in our society are lured and tempted by the facilites given to them by such law, they accuse innocent husbands and their families with Section 498A, facilities like the burden of proof lies with the accused. We can't make ourselves and our families so pathetic.
And when the accused is proven innocent, then NO legal action for misleading is taken (by default), against the girl. Millions of Innocent Indian Men and their families are loosing on their precious savings, Productive time, Earnings and Careers too in proving them innocent.
We need a change in the current scenario.

Change! Change! Change! Inquilab Zindabad.

Wednesday, August 10, 2005

498A: Made for Sita but Surpanakhas are encashing.

498A: Made for Sita but surpanakhas are encashing.

The questions are...
1. does a real sita use 498A? and..
2. how will we stop surpanakha misusing it? and..
3. and is the purpose of such law really served in reality ?

Let us take 4 broad combinations to a marriage and applications of 498A.

In today’s modern world if
1. The boy is like Ram and the girl is like Sita
2. The boy is like Rakshasha and the Girl is like
3. The boy is like Rakshasha and the Girl is like Sita
4. The boy is like Ram and the girl is like Surpanakha

Case 1:The boy is like Ram and the girl is like Sita:
The questions of 498A does not arise

Case 2:The boy is like Rakshasha and the Girl is like Surpanakha:
They fight it out among themselves if things are wrong or it is ideal match on the other extreme side.

Case 3:The boy is like Rakshasha and the Girl is like Sita:
Well ideally this is the case where 498A is fairly applicable and the guy is deserving of it. But, sita by virtue of her characteristic will NOT AND DOES NOT implicate 498A on the boy and his family. (Like of the cases seen in the society around us, the girl is firm not to cause harm to anyone, thus 498A is not utilized for the reason it should be) Thus the purpose of the very foundation of the law for whom it is dedicated is not fulfilled.

Case 4:The boy is like Ram and the girl is like Surpanakha:
Well well well this is what is happening everywhere, where 498A benefits the Surpanakhas of our society and Rams and his family are reduced to puppets. 498A is misused to the fullest of its capacity and the real motive behind the law it is lost to protect the “ABLA NARI”. Its is highly misused by the nuisance value creators of the society, committing a mockery of the judicial system, by misleading and fooling the entire society including the very law.

This needs to be stopped, as the real purpose is not met and the crooks are at work, making money and going scott free where as Rams and his family members are in jail.

“When the Statistics reveal that a drastic majority of the cases are framed and false why should we allow such laws that encourage injustice?” We need a change in the current scenario.

Inqulab Zindabad.

Jinesh Zaveri

Note: Section 498A of the Indian Penal Code (IPC), which defines the offence of matrimonial cruelty, was inserted into the IPC by an amendment in 1983. Offenders are liable for imprisonment as well as a fine under the section and the offence is non bailable, non-compoundable and cognizable on a complaint made to the police officer by the victim or by designated relatives.

The section provides an explanation that elaborates the meaning of cruelty as follows:

a) any wilful conduct which is of a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb, or health (whether physical or mental) 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.”