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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

Monday, June 22, 2009

India: Mass Rape V/s Raping the Mass

In past few days Rape wave in the media has again become Bullish. If we believe the headlines trend then it seems like Rapists suddenly have woken up from Slumber and that too in groups. Maybe the bureaucrats want to influence the minds of public via media to pass some stringent laws on rape again with specifics against men and non neutral with loop holes open for misuse. Oh ya we know what would come next, the justification of misuse on men. All I am trying to say is rapes were happening before and are still happening but suddenly they are finding mention in large numbers in media. Here’s to explain how.

Mass Rape: (many persons raping one)
Rape itself is very disturbing, but I get very much disturbed when I read the Gang Rape News; as genuine victim must have undergone such a trauma. I was quite glad when 3 Surat rapists guys were beaten by the public based on the MMS evidence. The Surtis were very kind enough to just kick the victims they could have used rods instead. Gujarat is proudly one of the most politically incorrect states and I am proud to be from Surat.

But in Madhya Pradesh shockingly one 45 yr old lady (Mother of a young Indian Husband) accused of Dowry (u/s 498a) was mass raped by the Bhopal police while in custody on bail denial. I was sure the bail was denied to her as her Rape was on the agenda of the Police. They must have prepared a charge-heavy fictitious FIR on the lady so that she could be denied bail and later Raped. Alas nobody in the media is talking about it beyond a day as there is no media follow up. Where as Surat, Bhayandar and other Gang Rape often find space in the tabloids. Why so ? Just because the other lady is a relative of a husband in the eyes of law hence? This media bias in general has always been there. As they fail to identify mother and sister of a Husband as a lady. Also anyone favoring the husband is perceived as anti social and is taken to task, be it a wife defending her husband for being raped by a lady.

Raping the Mass: (One person raping the entire group)
We have heard of Mass Rape but Lady Raping the Mass goes unheard and unnoticed. In India, a so called helpless lady can Rape the Mass, this frequent activity goes un-noticed very frequently. For example in above news a daughter in law of Bhopal is Raping the family by law and her complain has been instrumental for physical rape on her Mother in law and the report comes in as ritual news with no follow ups by media on the proceedings of the case and no journalist is taking up this as an issue of concern, NCW is Deaf and Mute when it comes to any other lady that is not a wife. Legally she has Raped the Mass called her matrimonial family with the help of the law. Got her MIL physically raped.

The other day another Mass was legally raped by one wife, she did not even spare 2 month old daughter of her ex’s second wife from a 498a. The news article is not clearly stating as to police included the name of the infant in the complain and later destroyed that evidence of mistake or lawyer made money in acquiring the bail or both. But clearly amid all what is ignored is the Legally Raped 8 victim family members of the ex husband who is charge sheeted of 498a to satisfy one wife’s stubbornness.

Rape case is still better than 498a as only the Rapist is the accused. TADA is better as only the terrorist is accused. But 498a is a RAPE of a MASS where all relatives / acquaintances of husband are Legally RAPED by legal terrorism (498a), be it neighbors, long distance relatives or even a 2 month old infant, no one is spared. And this misuse exists in above 80% cases. The infant bail article quotes Ram Jethmalani, Girijaji and others but none have suggested any stringency for the abuse of law. Pretending Sleep?

Rape is Rape be it by a man on woman or woman on man, be it gang rape on a girl or be it a gang rape on a 498a pre trial accussed husband’s mother. And even Mass Rape by virtue of a false complains on a family by legal means is also Rape, sadly out of every 100 cases constituting to 98% arguably fall under the misuse category YoY.

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9 Comments:

Blogger Killer said...

There has to be punishment for false accusations and false FIR. In fact provisions in CrPC exist but the sleepy judicio/legal system ensures that false complainants have little to worry about.

Tue Jun 23, 09:37:00 AM GMT+5:30  
Anonymous Anonymous said...

u r awesome Indian Husband.

Why don't you write something on elevation of such judges to supreme court who gave aniticipatory bail to this 2 months old girl child Zoya.....

Bell Bajao- NCW ki Bajao....

Tue Jun 23, 12:21:00 PM GMT+5:30  
Anonymous Anonymous said...

There has to be punishment for false accusations and false FIR. In fact provisions in CrPC exist but the sleepy judicio/legal system ensures that false complainants have little to worry about.

Tue Jun 23, 04:06:00 PM GMT+5:30  
Anonymous Anonymous said...

PASTED from sif mumbai:

Hi Jinesh,

Kudos to you...!

I'm attaching herewith Opinions that were sent by me to India Times & the Yahoo Poll wrt the Shiney Ahuja case, I hope it makes for interesting reading...

Regards,

Francis Noronha
((Acquitted after 4 yrs of torture in a False 498 / 406 & 34 Case)

In response to The Yahoo / India Times Opinion Poll wrt the Shiney Ahuja Rape Case


RAPE, DOMESTIC VIOLENCE & DOWRY AREN'T THESE THE TOOLS THAT GIVE A WOMAN ALMIGHTY & UNFETTERED POWERS, IF HER DEMANDS ARE NOT MET WITH...????????

WHO DECIDES WHAT ACTUALLY TRANSPIRES WITHIN THE CONFINES OF A BEDROOM???

There was an article earlier wherein the supreme court has even gone on to state that even in the absence of clinching evidence as that of semen samples, rape can be established merely on the allegation of the woman...

WHY ARE CRIMES OF THE LIKE OF RAPE, DOMESTIC VIOLENCE & DOWRY ONLY AFFORDED BY WOMEN??? WHERE IS THE QUESTION OF JUSTICE THEN???

YOU BRAND A MAN GUILTY UNTIL PROVEN INNOCENT WHY CAN’T THE SAME RULE APPLY TO A WOMAN???

AREN'T THESE THE SAME WOMEN THAT FIGHT TOOTH & NAIL FOR EQUALITY & LIBERATION, WHY THEN THE DUAL STANDARDS???

In the case in question, considering the woman (ALLEGED VICTIM) claims to have been Raped several times on previous occasions, strangely she didn't find it appropriate in bringing it to the attention of the Lady of the House 1st, as also to the law, instead has bided her time in possibly making extortion demands culminating in her current theory...This being true ONLY IF there was ANY SEXUAL relationship, between the 2.

On another note, the State Forensic department has opinioned RAPE by virtue of the ALLEGED VICTIMS Hymen being broken; I wonder did the State Forensic Department make it their business to check the condition of the said woman's Hymen before she took up employment???

And Finally WHAT CREDIBILITY DOES THE WOMAN HAVE AS COMPARED TO HER EMPLOYER??? As considering her theory of being Raped on a multiplicity of occasions, she strangely has decided to CRY RAPE only now… Why not earlier??? Isn’t it a case of her being smitten by an icon from Bollywood, who being sexually active would have flaunted & offered herself on the numerous earlier occasions as she claims, and then eventually decided that she could extort monies from a celebrity as he would have a lot more to lose than she would, given the stark difference in their social & civil backgrounds.

Moreover assuming that she did have multiple sexual encounters with her employer on earlier occasions, the same would have most certainly been consensual, as if they weren’t, she had ample opportunity in either leaving his employment basis her allegations, failing which if he had infact to RAPE her as the word suggests, she would have manifested her complaint on the very 1st occasion, whereby there would have been several physical manifestations of non-consensual intercourse. All this underwritten by the fact that she had the benefit of walking away from any perceived provocation as the precursor to any carnal desire is a base form of courting…WHICH SHE OBVIOUSLY & THOROUGHLY WOULD HAVE ENJOYED TILL SUCH TIME THAT SHE DECIDED THAT SHE COULD CAPATALIZE ON…!

AND TO THIS END SOCIETY & LAW BRANDS A MAN A CRIMINAL???????????????

Francis Noronha arrivideci@yahoo.com

Wed Jun 24, 07:04:00 PM GMT+5:30  
Anonymous Anonymous said...

In answer to NCW’s comment for Fast Track Court.

Isn’t it ironic that in the same breath of advocating justice by way of a Fast Track Court, she uses words like “allege & accused” which are in stark contrast to her line of Shiney Ahuja being proved innocent…! If its an allegation or an accusation shouldn’t the onus of proof lie in trying to prove him guilty ??? That too with Credible Hard core evidence & not mere speculation or hearsay…

Just because a woman decides to Cry Rape, interestingly after her claims of being raped several times on earlier occasions??? And then you have the forensic departments drawing conclusions by virtue of a ruptured Hymen….! Was there a Forensic test to establish an intact Hymen before the alleged victim cried Rape??? And who decides when Sex is consensual & when it is Rape??? The Victim??? Why wasn’t Rape cried before, on the very 1st instant??? But it’s considered Rape now??? Or was it considered Rape only after demands to exploit were not met with???

WHO WILL EVER KNOW THE TRUTH??? WITNESSES…! WERE THERE ANY BEHIND THE CLOSED DOORS…???


India Times Comment:

Isn’t it ironic that in the same breath of advocating justice by way of a Fast Track Court, the NCW chairperson uses words like “allege & accused” which are in stark contrast to her line of Shiney Ahuja being proved innocent…! If its an allegation or an accusation shouldn’t the onus of proof lie in trying to prove him guilty ??? That too with Credible Hard core evidence & not mere speculation or hearsay…

Just because a woman decides to Cry Rape, interestingly after her claims of being raped several times on earlier occasions??? And then you have the forensic departments drawing conclusions by virtue of a ruptured Hymen….! Was there a Forensic test to establish an intact Hymen before the alleged victim cried Rape??? And who decides when Sex is consensual & when it is Rape??? The Victim??? Why wasn’t Rape cried before, on the very 1st instant??? But it’s considered Rape now??? Or was it considered Rape only after demands to exploit were not met with???

Women like to sympathize if not Empathize with their own, but do you forget that you do have Men in your lives who rightfully or wrongfully could also become victims of circumstances, wouldn't you then like the Truth to prevail before being the 1st to hurl your stone at the perpetrator???

WHO WILL EVER KNOW THE TRUTH??? WITNESSES…! WERE THERE ANY BEHIND THE CLOSED DOORS…???

JUSTICE MUST BE SERVED BUT IT MUST BE JUSTICE !
- Francis Noronha

Wed Jun 24, 07:05:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Francis,

Excellent!!!!

infact you have reminded my of Girija's and NCW's Double standard, on section 497 of adultery being made punishable for wives they fear misuse and insist this to be made as a civil offence.

now when the same becomes rape as per the definition we have all assuming male as guilty by the very virtue.

Rapist must be punished but then why not give a fair trial with practical definations.

Similarly Adulterous spouse must be punished why not make it a gender neutral offence?

thanks for commenting i am pasting your text from the group.

Wed Jun 24, 07:11:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

@ killer and anon,

thanks for your views.

Wed Jun 24, 07:12:00 PM GMT+5:30  
Blogger Anubha said...

Speaking as a Rape victim myself , I can assure you no penalty is enough for a rapist.An dmore so I have seen the law,its so difficult to prove it and fight for it and the trauma the victim has to go through is like getting raped again.498 may be a tool but trust me misuse may be 5 % .95% the women always suffers.

Fri Mar 12, 05:42:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Thanks Anubha for your views.

You Said it, No Rapist should be spared.

And any misusers of Law be it 498a or rape too should not be forgiven for them too no punishment is enough.

a lady is always vulnerable to physical rape no doubt. so is an innocent guy who is falsely charged.

offlate there have been U turns in good number of cases by the so called victim girl where she confessed of having lied of Rape.

without which the innocent accused male would have contiuned to bare the blame of her story.

on 498a unfortunately NCRB and RTI have shown prima facie Acquital of 80% and as per CSR Net Conviction of only 2% at later levels due to inconsistency in the statement of the bride, causing lack of sufficient supporting evidence.

matters have resolved post extortion (Alimony) settlement which as you correctly said proves 498a as a tool.

and good undocumented numbers are in pre498a where 498a is merely used as a threat to extort money and settlements are done out of court.

i would not like a rape on my sister i am sure you would not like your brother to be falsely accused either in rape or 498a. 498a does not stop at a brother it envolopes mothers and sisters to along with father. hence MASHAAL Mothers And Sisters of Husband Against Abuse of Law.

God Bless You.

Fri Mar 12, 08:00:00 PM GMT+5:30  

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