498A: In between the Lines
Dear World,
My understanding on Section 498A is as follows
- Section 498A is forever applicable and it is also Anti Dowry Law- within seven years of marriage.
- It is Applicable on the Indian Husbands and his family members irrespective of their innocence.
- It is Applicable by the Indian bride and her family members (of the parental side.)
- It is effective tool for the brides to negotiate/ dictate terms within wedlock and during divorce negotiations.
From the examples of misuse, the actual truth in between the lines written in 498A, is revealed differently when put in practice.
It states about being,
Non Bailable: That means there would be no bail to the accused who shares the total burden of proof. On discovering that the accused is victim of misuse, they are charged a good ransom to be actually bailed out. Actually bailing out innocent ailing old parents is a task. In certain cases an infant girl of 3 days old has also been taken behind bars or even pregnant sisters. Till the court decides, one has to be at the mercy of the luck. Meanwhile this explanation is given to the victim husbands by the girls' side to effectively negotiate the alimony amount too.
Non-Compoundable: It means the victims are guilty till proven innocent. And even if the accuser when in senses or satisfied sadistically, decides to withdraw, the battle is now taken over by the state which does not guarantee absence of corrupt officials, and the accuser is out of the picture.
Cognizable: Even if the accuser decides to withdraw the charges, still no one but the law recognizes the lie as a crime in spite of the withdrawal. The law makes it mandatory for the police to arrest all those named in the accused list.
Further the lines of Section 498A reads as “Any wilful conduct…” I would add in to brackets like this “Any wilful conduct (According to the perception of the bride)...” because the conditions laid down are highly arguable, vague and does not serve the actual and so called purpose that is intended.
This Section 498A, it was made to protect Sitas but Surpanakhas are encashing on it. (read more)In other words, Nobel Invented Dynamite. His purpose was to Automate the breaking down process of mountains to create tunnels. But Dynamite has been MISUSED as infamous land mines in war, at a large scale since long.
"Is Anybody Listening, Observing, Caring...
Can You Join us in eradicating Misuse of Law?
Please Speak Up, Spread the awareness, Voice your Opinion.
Jinesh Zaveri.
SIF Mumbai.
posted by IndianHusbands | 12:34 PM
9 Comments:
Dear jinish
This was my first reaction and letter to authority :-
Sub : Blood Cancer in Indian Society – Misuse of 498a
Respected Sir /Madam ,
With recent judgment of Supreme Court Judgement , describing the misuse of 498A as " Legal Terrorism " in addition to previous Delhi High Court Judge Mr. J.D.Kapoor' s Judgement , Various article by writers , ZEE TV Andhakanoon program , we would like to invite your kind attention that if we really want to Save the Institution of Marriage in Indian Society , the 498a should be immediately removed from IPC Panel Code .
Presently 498a case used to mainly to Blackmailing and extortion of money , harassment to old edge mother , married , unmarried , pregent sister . The dishonest Girls and Girls family use the 498a mainly to get easy divorce, disowned the Husband from their old parents in urban Indian society .
The Previous Judgment of Supreme Court (PIL 499 of 1997) also confirms that 498a , had not solved any purpose to solve the so called dowry/gift system in Indian society.
Court judgment shows that 98% of case ends up with huge settlement of Money in favour of wife and their relative. This again proved that the 498a mainly used to extortion of money only.
With all our sincere respect to all of you, we request one of you to go the court, check with lawyer and judge, they will tell the real stats and misuse of act and abuse to age old mothers, sisters (including pregnant), father and husbands.
Now the situation like rape in police station during day time (-refmarine drive incident on 21st April 02 at 5:30PM), it is more dangerous crime to put false 498a case against these sisters and mothers . Where arrest is does on the first count without verification and warrant or intimidation.
With all due respect to you, Can we request you to visit one of the victims and go through there plight (Girl stay in Us, Come back to India for one month , put the false 498a , send mother in jail for 20 days , she loose the Govt Job , and last one years she never came back to India after filling the 498a , the police stay her own house as tenant ) , can you just search in the internet with 498a and misuse of dowry act ??
You will come to know the gross root reality.
With all due respect let me ask a question, Do you know 498a and its provisions ?
What does mean by non-bailable, cognizable and notcompoundable offence?
Do you know how many family have broken due to this?
How many well qualified people have lost job?
Do you know how many creative young generation (which is high caliber Indian youth) is doing rounds of court and wasting important years of there life in court ?
Did you visited woman's cell of Tihar jail any time and checked the situation 498a act victims?
Imagine, mere on just a plain complaint of your wife, your pregent sister, your age old mother , your retired father , your near by relative , kids of near one and your self get lodged in the jail ,without any enquire or any thing.
They will not be produce all of you in court for weeks together just sitting technical reason.
Due to populist nature of politician and the people. they are crating law which will gather more votes to them and same is blindly followed by the people.
Did any one try to go ground level and know the situation, check the sitehttp://www.saveindianfamily.org
They have 1000 of odd cases with them. Even if you visit so called woman’s group they will also tell you the story of misuse.
Who says it is benefiting the woman ? One woman (dishonest daughter-in-laws) put false complain agaisnt three to four woman’s(sisters, mother) and 10 to 12 men’s (father, brother, husband and other relative ) lose there job and life earning and land in net where they have to surrender to wife’s blackmail or faces the court for years together ,at the cost of taxpayers money.
All the cost from dishonest daughter-in-laws side is paid by the government.
We are against dowry or any harassment to woman kind including mother, sisters of husband.
At the same time we are agains tharassment to any innocent people also.
Is it our fault to trust these ladies, and accept them as wife?
The moment we accept them as wife, we share half of our property to them. We trust for our life on them.
What does they do , cheat us, sent us to jail on false charges, as just we can not accept there illogical demands, like to do not talk our own parents or stay away from our age old parents. Then tell us why should we get married to such ladies, why does they need 50% rights on our hard earned property ?
They are equal to us, then let them earn equal to us !!!
At the conclusion , our sincere request to you , to review the present format of this 498a , a Blood Cancer of Indian Society to Save the Institution of Marriage , otherwise very soon we will cross the divorce rate of US . The marriage rate in US less than 50 %, the same will be very soon in India also.
So if you really want to save the Institution of Marriage and to
ü Stop abuse of elders at the name of anti dowry laws.
ü Stop blind arrests innocents, without any investigation
ü Stop encouraging single parenting and family breakup
ü Strong Legal action against those who implicate innocents or catalyze this abuse.
Immediately sought to remove this 498a from Indian Panel Code or automatic punishment of the double amount if anyone try to put false complain.
Regards
Swarup Sarkar
Reference :-
http://www.pariwariksuraksha.org
http://www.saveindianfamily.com/
CC : For your kind information please .
: President of India
: Prime Minister of India
: Law Minister of India
: News Paper Editor - For honest and true article .
EXCELLENT ARTICLE SIR
Excellent Writing... Thanks for your posts.
Read More:
http://apunkadesh.blogspot.com
Thanks for the article. Hope india wakes up to this cancer and arrests it in its tracks. We must all help to abolish this law.
Thanks,
Rajesh
thousands of families r waiting for this law to be removed.This law has already done very much damage to the society.when will the govt and other higher personnals will remove this law.what r they waiting for?should one become a criminal if he is suffered by the misuse of law?
this is india and i know the law will not change and thousands of family will be destroyed bcz of this law and the criminals (who falsely trapped the boy's family) will want huge amount of money and destroy the boy's family.many boys and their family members have suicide bcz of thisand the women who support this law will be very happy.there is no justice here in india.yes india is a very bad and corrupt country.this law should be changed immediately.
Most insecure men are terrified at the thought of the slightest favour being shown to women. And this website is a shameful proof of that. These men try to mask their insecurity by claiming that they are trying to save the Indian family, but they are lying, and they know it. Fact is, they are scared of losing their male privilege in society, that allows them to do anything to a woman, and she is expected to keep quiet due to societal pressure. This scenario is slowly changing. Women are walking out from abusive marriages, and this scenario is not acceptable to these chauvinistic men. They will never praise the bravery of these women for not accepting cruelty. They will only say that these women are breaking the Indian family.
I have 3 points to make which these men should think about:
1) Why would a girl try to misuse sec 498?? Have you even thought about that?? My friend suffered a verbally abusive marriage for one year; she requested her husband for divorce; he flatly refused. His family supported him and they even lied that she was having affairs with other men. She was mentally harassed and she had no option but to use sec 498, as her request for mutual divorce was rejected. If the husband is a bad life-partner, the woman has a right to break away from a damaging marriage. But such weak men refuse to let their wives go free and refuse to give divorce. So this is the only route left to women, even though they may not like it. Please understand "why" the misuse is happening, instead of just blindly complaining about it.
2) Most women would prefer to avoid sec 498, as it means that the divorce is longer and more complicated. No one is interested in taking rounds of the courts again and again. so if a girl and her family is taking this route, there HAS to be a solid reason. Please don't dismiss such serious things, and say that girls are doing it for money. Seeing my friend's example, I feel that this section is misused because these girls have NO other option.
3) You can complain about the misuse of this act, but why can't you see how many genuine cases this act has helped. You are talking about aged parents and pregnant sisters in your posts. Who knows...your pregnant sister might need to use this section some day? Have you even thought about that??
Please understand that I am not advocating the misuse of law, merely trying to make you understand `why' such misuse happens. It is important for every intelligent person to know both sides of the story.
Preeta,
This comment is specially for you from a woman.... who is a victim of 498 A misuse. My brother's wife has never met me after their wedding, she stayed at a different place from me and left my brother in 11 days of marriage. She has accused all of us for so many things which could never have been even logicaaly committed in a span of 1 day in front of so many guests at the wedding ......
You have asked "Why would a woman do that?.." We got the answer on phone in 9 days of my brother's marriage. The woman's greedy father said "Give us 50 lakhs, else we will put u all behind bars..."..kept saying that for 3 months with changed rates in negotiation...even threatened to kill my father and brother....
So, one intention was and still is money.... including an application of very heavy maintenance...
I would not say "I wish you also have to go through all that what we have suffered...." because I would not give such a curse even to my enemy...
Still you don't believe me...Would just like to add .... even if you do not have a brother, your hubby can have a sister-in-law misusing this law against you.....
Then the fact is... "One never understands anyone else's pain till you have to go through the same..."
preeta,,
let me share my exp , i got married to a girl who has mental disorder kep secret by her family , she goes mad if sees more than 10 people,..
i asked for divorce knowing that i can not live with her anymore..u know aht happened in 20days my entire family fires with 498a,DP act and we all were in jail for 10days..
after releasing from jail got a phoen call from local police to settle the matter for 40lacks ..finally ended up paying 20 lacks and 2 lacks to police officer for settling up the matter...my sister who was in jail for 20 days has 2yrs nd 4yrs old kids...do u really think she will harrass the girl for money when she is living away 100km away from home and busy nurturing her 2 nd 4yrs old kids..do you think what those kids were waiting for 20days....with out seeing mon and dad for 20day..these prostitues should be hanged till death...
preeta,
I am myself sufferer of this.married in May2013. chatted a lot with my to be wife for nearly a month,made her aware of every thing. but to my surprise she was already in sexual relationship with a married man 20 years elder to her. only after one month of marriage whole sordid affair came in light. now my wife and her family members are persuading me to continue and threatening to file case under 498a against me and my family.
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