498A: In between the Lines
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.
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