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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

Thursday, August 10, 2006

My 1 Year with SIF

Dear All,
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On 23 July 2005, I hopelessly vented my frustration with my first mail on Sita Surpanakha in SIF. Swarup liked my mail and this idea and he gave an unfathomable mileage. Satya suggested that I should blog this. And since then I got timely tips from Gorky, and along with others maximum of moral support from Bharti till date. And the support of other brothers is indescribable.

Exactly this day, One year ago I blogged my first article (Sita Surpanakha) and informed 100 odd SIF members. Never did I think then that things would come a looong way. Today this blog completes 1 Year.

Now, exactly today after 365 days, I get pleasure to blog my 50th Post. Its about the field activity that will take place on this Sunday. Meet you there. This time I am proud to inform 1100+ SIF members. Special Thanks to Gokul for contributing in giving fine touches to this matter.

Innocent Victims of IPC 498a & Marital Laws: Standing up for their Rights.

Inviting you for a Seminar cum meeting on 13th August 2006 (Sunday) between 3.00pm-6.pm- At the Press Club of India (Near C.S.T(VT) Station), Glass House, Mahanagar Palika Marg, Mumbai –1

Legal awareness seminar (coping with Misuse of Family laws): Conducted by Save Indian Family foundation (SIF). Laws like IPC 498a is misused and the Husband and his family gets arrested and entangled in long-drawn legal proceedings. Arrests could happen even without any witness, evidence or police investigation, on the basis of just a false complaint by wife. Know how to take precautions and cope with these situations.

We have invited victims from all over India, who will be discussing their problems and would share their harrowing experiences with this law of 498a. Lawyers, Retired senior Judges and Police Officers have expressed their interest in attending this meeting and addressing the concerns of the innocent affected families. We Invite your representative to be present to know more about our movement called “SAVE INDIAN FAMILY”. A rapidly growing internet yahoogroup of 1100+ families. The regional teams in different states of India, have launched self-funded phone helplines, these teams are managed by the guys next door, who happen to be innocent victims of this Legal Terrorism.

A Brief about the Misuse of Section 498a by law-misusing Wives
23 yrs old section 498a of IPC was introduced to tackle the Dowry menace at large. But the trend over the years have proven this section as a failure. Observation of even Supreme of India is that these laws (intended to save a family) have been misused rather than used for genuine reasons.
The potency of misuse in 498a is unfathomable and highly destructive since the Police doesn't need any other supporting evidence or witnesses, other than JUST the wife's statement/complaint, to straight away arrest the Husband and his relatives.
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Major reason of misuse is that the “burden of proof is on the accused” and the “accused is considered guilty, till proven innocent”(opposite to the general legal Maxim which presumes “Innocent till proven Guilty”, as in all other crimes). This involves the mandatory arrests of all the accussed without investigation on a mere complaint of an inconsiderate or cunning wife, against the innocent husband and his family members. Thus damage is already done without crosschecking the verity of the complaint. Generally this tool is effectively misused or threatened to be misused, by the divorcing wives to extract a huge alimony amount from the husband.
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This Nonbailable, Non Compoundable and Cognizable offence has had a conviction rate of just 2% over the years, which itself speak volumes about its low efficacy and usefulness. We are only trying to get these laws amended in such a way that its genuine use will protect families, but its misuse does not break families apart like its happening now.
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Even with so much of misuse and appeals the government is pretending sleep. The general opinion on this law is as follows:
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1: Supreme Court of India on 498A stated, "The object is to strike at the root of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not as assassin's weapon. If [the] cry of "wolf" is made too often as a prank, assistance and protection may not be available when the actual wolf appears."-it has unleashed a new form of Legal Terrorism as per Supreme Court.

2. Kiran Bedi says: "Laws had been provided for the welfare of women. The police need not assist those who misuse or abuse the law meant for the protection of women."

3. Justice J D Kapoor Says: ‘‘There is a growing tendency among women, which is further perpetuated by their parents and relatives, to rope in each and every relative, including minors and even schoolgoing children of distant relatives.’’

4. Kolkatta High Court Justice S.P. Talukdar said the “dangerous” practice of misusing Section 498A of the Indian Penal Code (cruelty on housewives by husbands and in-laws) should be immediately stopped.

5. NRI Journalist Kulbhushan stated "Filing a non-bailable dowry case under IPC 498A is easier than ordering a meal. But while a restaurant can refuse service, the police normally arrest the groom and the in-laws. While the Indian media is flooded with reports of dowry-related bride torture, it hardly mentions the horrific cases of suffering husbands at the hands of unscrupulous wives."
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We request your august presence at this Seminar cum Member meeting, and to help us to spread the word to the world. Our Movement is called “Save Indian Family or SIF”.
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Contact: Jinesh Zaveri. indianhusbands @ yahoo. com P R Gokul: drmura-@-hotmail. com ; Mumbai Helpline: 9224 33 55 77.

3 Comments:

Blogger Swarup said...

Jinesh , it is the time we "Indian fathers" or to "be fathers" have to decided , are we ready to take any social responsibility or not...
Are we ready to belive in the Principle of a Modern Laxman or to be continued in the belive of Modern Ravan Principle and protect the Bad Women of our Society?

Our parents had not taken any social responsibility as a result today 498A , DV act , rape LAw etc made to destroy the Family harmoney , in the name of women well fare NCW and thier associates forgets that Women does not mean only a Wives, women includes a Mother, a sister , a daughter also.

As a results due our parent's folishness not only we , our future child , our age old parents suffered in the hand of all those Legal terrorist and thier money earning business are continued in the form of "Legal Terrorism".

So the question is , are you going to do the same mistake what our parents have doen and ensure more and more child to be suffered in the Single parenting system and would like to see that your daughter are begging partime husabnd in National highway ?
The way today western women doing in the name of so called women empowerment..

Time gives the answer and we need more and more Jinesh to make such awarenness ..

Cheers and whish a grand sucess for your Seminer Cum Members meeting.
Good luck...

Fri Aug 11, 11:34:00 AM GMT+5:30  
Anonymous Rajesh said...

The only way to save society from this evil is to take far more drastic measures. The soft approach of seminars will never bear fruit. Look at how NCW gets things done. They beat up people and they got their way.

I would suggest a lot more radical way. Take law into your own hands (as there is no law in this dirty abusive country). Kill all the feminist bitches, or better gangrape them for months and then kill them to let them get a taste of suffering of what innocents go through because of this dirty law.

Thu Oct 04, 06:28:00 PM GMT+5:30  
Anonymous Anonymous said...

I AGREE TO RAJESH COMMENTS. TODAY SOCIETY SHOULD BE ERADICATED FROM THIS WOMEN PROTECTION DHOONG ON ONE SIDE OUR LAW SAYS EQUALITY OF WOMEN AND AT THE SAME SIDE ASKING THE FEMALE TO HOLD A KNIFE AND STAB HER HUSBAND AND INLAWS. YES THEY ARE STABBED . I FEEL SHAME SOME TIME THAT I TOOK BIRTH IN SUCH A COUNTRY WHICH HAS SUCH A LOOSE LAW

Mon Nov 24, 01:36:00 AM GMT+5:30  

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