Who No Action on False 498A

Great. All the very best for your labour.

On 26/11 we cried and Taj Mahal Hotel was reduced to rubble.

Thanks.

By the way we are not in wilderness. I will just take this opportunity to introduce you to some Men's Association-

https://www.aimraw.org/aimraw-voices-protest-against-women-reservation-bill/

We are not in a crowd, but we do have company. Anyway, thanks for your kind wishes.

I do not need uninvited introduction. Thanks for your offer.

Publics debate is never targetted at individuals.

During Independence movement some persons asked Dada Bhai Naoroji as to why make petitions to british government when they never listen to the petitions. The grand old men of India replied, "the petitions are only addressed to the British Government, it is made to the people of India".

Thanks for enlightenment.

Mention not.

I will continue to do this.

Its true that in India, Women are much more depressed community and the dowry death is an uncurable disease in our society. But I would like to ask the learned friends here one question.

This particular Section of IPC was introduced in the year 1983 (if I am not wrong). Now if we go through the rate of dowry deaths after 1983.

"The Indian national crime bureau reports that there were about 6787 dowry death cases registered in India in 2005. Incidents of dowry deaths during the year 2005 (6,787) have increased significantly by 46.0 per cent over 1995 level (4,648)"

"The official records of these incidents are low because they are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death almost every twelve hours . The number of dowry murders is increasing. In 1988, 2,209 women were killed in dowry related incidents and in 1990, 4,835 were killed."

Now here I saw some of our learned friend was saying that this law is to helping to reduce the torture upon women. But the records of  dowry deaths only proves wrong by itself, who can give the record of the daily tortures, where no death has occured.

"According to Government figures there were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the existence of rigorous laws to prevent dowry-deaths under a 1986 amendment to the Indian Penal Code (IPC), convictions are rare, and judges (usually men) are often uninterested and susceptible to bribery. Recent newspaper reports have focused on the alarming rate of deaths of married women in Hamirpur, Mandi and Bilaspur districts in the state of Himachal Pradesh."

Now here lies the main problem. The law is actually not helping the women are really suffering, but it is helping those women, who just want to harrass the husband and in-laws. And its very much shameful fact that, these women are just misguided by so called friends and they donot understand that in turn, they are the actual sufferers in the outcome of the process. The so called friends will never come beside their side, when the whole process will be over.

Here is an excerpt from Madhu Purnima Kishwar, She is a respected fighter for women’s rights, unlike the radical feminists of India, and I think you need to read what she has to say.

            • Divorce after a 498A is guaranteed. 498A is a nuclear weapon for relationships. Once it is used, it ends everything good in a relationship. Lately, there has been a trend where women are coming back to their husbands after realizing the mistake they made by resorting to 498A.

            • She won’t get married again. The reason being our very conservative society. Feminism and standing up for women’s rights may be a fashionable thing to bandy about, but no family, including the family of the false filer of a 498A or the staunchest feminist, would like to admit one of these false 498A filers into their homes. This is all about power politics in relationships and once it is known that a woman had filed a false 498A, she will be treated like radioactive material.

            • Her sister(s) may eventually run off with the milkman or something along similar lines may happen as they risk remaining spinsters.

            • Any sisters-in-law she may have will turn against her as time goes by. Her brothers may not get married again. Think about this. Would you be willing to send your sister/daughter into a home where there is woman who has quarreled with a decent husband and used the law to terrorize him and his family? How happy would your sister/daughter be in a home like that? How secure would a family feel, if the sister of the woman who filed a false 498A enters the house as a bride? It also says a lot about that family that they did not discourage her from doing so.

            • The filer of a false 498A may face arrest under Section 182. The sentence may be range up to 6 months and a fine or both.

            • If children are involved, their development will be threatened as fathers play a crucial role in the up bringing of a child. There is also a chance for the 498A filer to start having affairs and neglect the children. There are instances where this is happening.

            • If the 498A is being filed at the instigation of close relatives and for no valid justification, be sure of this, once the relatives get what they want, they will abandon the 498A wife.

            • In the case of a woman who files a 498A just to extort cash, or harass her husband and his family, there is a certain disdain with which she will be treated by her family and society, especially if the plan backfires.

            • If the 498A is being filed at the instigation of close relatives, and if they do succeed in extorting money from the husband, once the lawyer, the parents and everyone else gets a cut, they are going to abandon the woman.

            • None of us likes to be alone and even the strongest amongst us will feel pangs of loneliness. I believe that men are better equipped to deal with loneliness due to biological factors. It is a completely different issue for the 498A Wives. They are condemned to live alone. They had it all and they blew it and they know it.

            • Keep an eye out on the matrimonial sites. You may just end up on the floor with laughter.

Now comes some statistics on 498a cases in India,

These are statistics are from a memorandum submitted by Rakshak to the MOIA on July 17^th 2007. These stats were obtained by means of an RTI from the home ministry. As you can see, there are close to 5lakhs people who are undergoing trial and each year it just gets worse. The latest numbers are from 2005.

If we go through the chart below, we can see in the year out of 573,881 trials, 13,447 cases have been dismissed either from the court or by the local Police Stations due to false FIR.

 485,938 trials were carried forward to next year.

 Trials completed in 2005 was 74,496. Out of which conviction was 14,583. The ratio is only 19.58 % which were genuine cases of Domestic Violence and 498.

The ratio of false cases were 80.5 %.

 Similarly in the year 2004, ratio of real cases was only 20.66 %, and false cases as 79.34 %.

 In the year 2003,  it was 17.9 %, and false cases were 82.1 %.

Now its not true that in India, only 19 – 20 % women are victims of matrimonial violence in a year. But the fact is that, those women who are genuine victims don’t run to the court to seek justice. Either they just try consummate the marriage with locked lips, else they go for mutual separation.

Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out.

So we can understand who are the actual beneficiaries of IPC 498a.

till they get anticipatory bail as the offence has been made cognizable and non-bailable.

Slight deviation. 

Till they pay up.

Sir agreed, that we need to spaek up.. but in front of whom. A lady is going to Police and police is arresting the entire family without any inverstigation..is this is the law.? Can I as a person file anything in terms of amedment of this case

Can we break our head against the wall? It is a cry in the wilderness. Let women take over Parliament and the real fun will start.

Marriage Strile- Men should refuse to marry.

You refuse to marry, there will be no fear of abuse of marital laws against you. Let me add, "There is no other way".

Right solution suggested by Rajesh Ji.

Aftab

After hearing all of u i can say that we dont have any choice rather then paying our hard earned money to lawyers.. whatever a lawyers says we have to trust on that.. if a lawyers is saying that we cant even go for settlement and  try to make to get the settlement done by paying some amount is not possible????

Is it possible, is any options or organizations which can can work for settlement in both of the families...