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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

Indian Husbands is an Expression. 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) gmail (dot) com]. Click here for Main Page

Sunday, December 10, 2006

Men Gender Badnaam

FIASCO: FALSE STATISTICS OF DOMESTIC VIOLENCE

13 November 2006, Washington Times Publishes an article that brings more ignominy, adding insult to the injury of Indian husbands. It misinterpreted that 70% of Indian women were subject to Domestic Violence and marital rape. I was unaware of this SIF alert mail as my internet phone lines were dead since a week.

Rick B, a radio host of CBC-1, Vancouver, was the first one to inform me (indirectly by asking me a question on a live broadcast). 14th November 2006, I get a call from Radio CBC Canada, expressing their interest to take my telephonic interview live on radio regarding the indian domestic violence act 2005, with a lead time of 15 minutes.

It seems this misleading article shook all those who read, and the concern was felt in the 2nd question asked to me. And that was about this claim of 70%. Rick, according to me, a very impressive radio host was right in questioning me; after all it was published in Washington Times and stated that it was a UN population fund report in 2005. My counter question was about the source through which this was asked. Further I shared the plight of representatives of husband who face the identity crises in statistics due to absence of mechanism for male in getting the abuse of wife recorded as at the most NCO is recorded and that does not reflect in the national statistics. Slowly, now public opinion on this is changing as they realize this fact going unnoticed till date. (I will be soon uploading the audio interview, once I learn how to blog it).

Meanwhile, SIF did not sit quietly as investigations were required. David Usher of RADAR represented this concern with actual facts asking explanation of the sources that gave this figure questioning Brinda Karat and some copy cat journos. 29th November 2006 Washington Times announces the correction thus “saving Indian families” from being “misbranded.”

Before the correction, I was also contacted by Gujarati Weekly Abhiyaan, who too vehemently represented the misleading fact while interviewing me on the phone. But on telling them they realized about the absence of mechanism of complaints, which they presented with conviction later. Since it was a telephonic interview they were unable to get the figures right and my figures were misquoted. I was contacted just some hours before the submission of the story for review and publishing, so a personal meeting was not possible.

Abhiyaan reported that approx 5700 cases of 498a witnessed conviction in 2004 but at the same time misprinted that nearly half of them were reported false. (THE FACT: 4 times more are already reported false, the acquittal ratio is 61% and the rest are in the process. (Source: RTI Act) and trends will reflect of over all 2% conviction rate as per the averages seen over the years). The married M/F suicide data below was also misquoted as "45:37" instead of 45:25.

Anyway the actual figures are as per the statistics: (Source: National Bureau of Crime)
On every 100 suicides we have 63:37 Male : Female ratio.
On every 100 Male suicides we have 45 males who are married.
On every 100 female suicides we have 25 females who are married.
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Surprisingly, there is 304B that puts all the in-laws of the dead bride behind bars in case of death in mysterious circumstances calling it as a dowry death only without proof. But there are 45% men whose suicides go un-investigated suo-moto. Falsely 498a-ed Rajesh Hasmukh Desai was one such Save Indian Family member who committed suicide and his wife and her family members are freely moving around. I thank Abhiyaan to cover this fact.
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Further on Domestic Violence I would quote an Interesting example that stuck my brain during Radio Canada Interview and that is of FIFA World Cup Finals. There are cases where many Husbands make a Zidane of self by getting provoked when his parents or siblings are abused (esp mother and sister). He gets a red card too as people witness the head butt. Similarly a husband too walks in to the trap of the Tears-Ready-Wife and hits her. And all she has to do is Cry. His red card would come from the police in form of 498a or DV. Sadly his silence and tolerance limits are ignored that lasted for days together till he got provoked from verbal abuse.
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He is definitely tagged as a wife-beater, Nobody notices that he was quite for so many days till the wife worked consistently so hard to provoke him by selective sulking, verbal abuse, emotional and mental abuse and provoke on his manhood etc (this study till date is ignored). All said and done with some tears the lady enjoys the luck of Matarazzi and get the world cup for her team (sadly, some even call it no pain no gain, and even blood sweat tears and pain to gain) . Bottom line: the winner takes it all and the loser gets it none.
But, 1 sec. I have all my empathies for the real victim women and the act of hitting is not justified in any case. Here I am discussing a bird view of what happens.)
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Let us face it, There are abusive ‘spouses’, but some make it a gender issue. The movie “Provoked” starring Aishwarya Rai was based on one such incident where the abusive husband is murdered, that is glorified too but when a nasty, abusive wife has to face the music in terms of a Zidane on her, the innocent angry husband walks in to the trap of law where there is no background or reality check. Why bad wives are not under check? Why there is no law to control them? Why there are NO spouse centric laws in India? 498a is a wife centric law and not women centric law because it would arrest all innocents too even women who are related to husband - the male.
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It reminds me of my favourite marathi proverb “Jasa Dista, Tasa Nasta, Mahnun Jag Fasta”. (What you see is not always true and hence the world gets conned.)
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Women as a gender enjoy sympathy naturally and Men as a gender struggle for a status with a defamation in background. Cascading effects of Washington Times in media tells it all. Abhiyaan reporter laughed it out when I suggest a lyrics change in “Mein Shayar Badnaam song” to “Men Gender Badnaam, Men Fasa haaaan Men Fasa”.
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Figuring it out,
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Jinesh Zaveri.

5 Comments:

Anonymous Anonymous said...

If you google feminism in u.s.a you will find hits coming back stating that it has failed in the U.S...especially the brand of radical feminism that Renu mami wants to practice. If we are resigned to be slaves of western ideas then might as well see the course correction that is happening...

Mon Dec 11, 09:14:00 AM GMT+5:30  
Blogger Katyayani said...

Good one Jinesh! Your last line speaks volumes about the plight of hapless Indian married Men.

Its a pity that our legislature prefers to sleep despite the clear guidelines laid down by Supreme Court to prevent victimisation of innocent Indian husbands and families. And why only victimisation of Men, 498a is cited as a major reason for growing Elder Abuse in India. I think it's time we gave a larger perspective to the issue of 498a. It is not only victimising innocents but has also become the root cause of several other maladies surfacing around us.

High time we Indians became conscious of what lies in store for the future generation if no remedies are worked out for this malady.

Keep writing. Though the struggle is difficult but that day would surely come when the 'shayar' would be back in our melodies..

Tue Dec 12, 02:09:00 PM GMT+5:30  
Blogger Swarup said...

Jinesh , only lie..only lie...
But do not worry , David allready on the job.

Read this article:
16 Days of Activism: Rutgers Sponsors Global Feminist Terrorism
http://mensnewsdaily.com/2006/12/13/16-days-of-activism-rutgers-sponsors-global-feminist-terrorism/

Quote:
History suggests that radical destruction of marriage and family is far more endemic and destructive than any of the human rights issues feminists complain about in their diatribes.

America must stop funding all radical organizations and programs destroying families globally. American domestic violence laws, such as the Violence Against Women Act (VAWA), and Victims of Crime Act (VOCA) must be fully rewritten to be gender-neutral, require that agencies unequivocally provide full assistance to anyone who requests it, and require solid evidentiary proof before legal artillery is fired.

Mark Twain once said “A lie can travel half-way around the world while the truth is putting on its shoes”. After a decade of Violence Against Women Act abuses, the truth now wears Army boots. The lie stops right here, and so does the buck.

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Now your voice is not only in india as they say furhter:

For example, radical activists claimed that “70 percent of married women in India were victims of beatings or rape”. After much research, Respecting Accuracy in Domestic Abuse Reporting (RADAR) found this was based on a graphic in a UNPF report that was obviously mislabeled and meaningless. Yet, this claim is the lead item on virtually every feminist website around the world.

In fact, there are so few truly scientific claims made in any of the U.N. or CWGL documents, we can say the expenditure of federal and international monies has been spent, in majority, on social terrorism of foreign countries.

I realize this is a breathtaking statement to make. As always, I back my statements up thoroughly. We will now examine recent events in India, which was recently conquered by the feminist insurgency, and is just starting to realize what happened.

Thu Dec 14, 06:11:00 PM GMT+5:30  
Anonymous Anonymous said...

The misuse of 498a law by a woman.
Shyamashree Debnath D/O of Amarendra Debnath living in Tripura Agartala filed a false 498A case against her husband and in laws in the year 2008 when her husband denied to accept her demand. Shyamashree debnath after marriage started fighting with her husband to separate him from his parents and she wanted that her husband can not give any money to his aged parents.She also demanded that her husband can not keep any relation with his parents. Shyamashree wanted all the money of her husband shall be transferred to her name only. When she failed to separate from his parents She filed a false 498a case against her husband and parents in laws with the police saying that they are physically torturing her for one lakh rupees which is completely false. But the truth is that The Husband was working with a big multinational company outside of Tripura that time and getting a monthly salary of Rs 75,000 per month and yearly package of Rs 9,00,000 P.A. because of this false case the husband had to be in jail for 6 days as 498A case is not bail able. After 6 days when the came to know that the husband is big multinational company whose monthly salary is about one lakh they released him on bail.
The mother of Shyamashree debnath used to guide her daughter to create mental pressure and ask her husband to separate himself from his family over the phone.
Shyamashree filed this 498A false case against her husband with help of her maternal uncle who is advocate in Tripura also her mother’s sister who is holding a responsible post in Tripura government.
Her mother and father and her two married sisters and their husband also involved in this conspiracy. Her relatives threatend the husband and her family members that if the husband does not leave his family and stay with his wife only they have power and links with Tripura police and administration.
Now the most important thing is that after the Husband came out of jail he filed a divorce case against his wife Shyamashree with all the details of her cruelty and her relatives conspiracy and power. Husband has provided all the details to the court along with sufficient evidence and witness of her cruelty. This case continued for one and half year She was asked by the court to bring evidence and she was not able to bring a single evidence in the family court. She started saying that she wants to stay with her husband and she loves her husband. The husband denied to stay with her and he made it clear that he will never stay with this wife during the court hearings.
Now the husband brought all the evidence and witness to the court prove that he is innocence.
Then the wife shyamashree started crying that she wants money and want to go and will withdraw all the charges against her husband.
Finally the husband got the divorce in June 2009. It is very clear and obvious that filing 498 case against husband now has become business to get one time money.
The pain and mental stress the Husband and his parents had to go through is un explainable and loss of reputation in the eye of the society

Sun Jan 24, 05:35:00 PM GMT+5:30  
Blogger Unknown said...

this 498a is like a knife on husband and his parents neck ,,, even with me my son got married and his in-laws tried to take away separate my son from his parents and his newly wife within 3 months started drama ,and started warning us that we will be taken in 498a ,, with all multi un-wanted allegations
so what is the solution for this , there should be some source of minster in government department to put this matter in parliament and have a mercy new bill law in favor of Men and his parents ,, why such laws are in-cured so pre-plain girls and parents are moving around in cites to towns, and villages of India to search some respectable families good boys to be trapped,,and black-mailed for lum-sum or monthly demands ,,,or to be jailed without any mercy
mat God help we the Boy's families from this evil girls and parents moving around ,,by which many boys and parents are scare to get there boy's married its better to stay without marriage ,,this is to much
we should approach to some advocate of supreme court or to tap the door of ministers for mercy,,,,

Fri Apr 03, 05:31:00 PM GMT+5:30  

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