The questions are...
1. does a real sita use 498A? and..
2. how will we stop surpanakha misusing it? and..
3. and is the purpose of such law really served in reality ?
Let us take 4 broad combinations to a marriage and applications of 498A.
In today’s modern world if
1. The boy is like Ram and the girl is like Sita
2. The boy is like Rakshasha and the Girl is like
Surpanakha
3. The boy is like Rakshasha and the Girl is like Sita
4. The boy is like Ram and the girl is like Surpanakha
Case 1:The boy is like Ram and the girl is like Sita:
The questions of 498A does not arise
Case 2:The boy is like Rakshasha and the Girl is like Surpanakha:
They fight it out among themselves if things are wrong or it is ideal match on the other extreme side.
Case 3:The boy is like Rakshasha and the Girl is like Sita:
Well ideally this is the case where 498A is fairly applicable and the guy is deserving of it. But, sita by virtue of her characteristic will NOT AND DOES NOT implicate 498A on the boy and his family. (Like of the cases seen in the society around us, the girl is firm not to cause harm to anyone, thus 498A is not utilized for the reason it should be) Thus the purpose of the very foundation of the law for whom it is dedicated is not fulfilled.
Case 4:The boy is like Ram and the girl is like Surpanakha:
Well well well this is what is happening everywhere, where 498A benefits the Surpanakhas of our society and Rams and his family are reduced to puppets. 498A is misused to the fullest of its capacity and the real motive behind the law it is lost to protect the “ABLA NARI”. Its is highly misused by the nuisance value creators of the society, committing a mockery of the judicial system, by misleading and fooling the entire society including the very law.
This needs to be stopped, as the real purpose is not met and the crooks are at work, making money and going scott free where as Rams and his family members are in jail.
“When the Statistics reveal that a drastic majority of the cases are framed and false why should we allow such laws that encourage injustice?” We need a change in the current scenario.
Inqulab Zindabad.
Jinesh Zaveri
Note: Section 498A of the Indian Penal Code (IPC), which defines the offence of matrimonial cruelty, was inserted into the IPC by an amendment in 1983. Offenders are liable for imprisonment as well as a fine under the section and the offence is non bailable, non-compoundable and cognizable on a complaint made to the police officer by the victim or by designated relatives.
The section provides an explanation that elaborates the meaning of cruelty as follows:
a) any wilful conduct which is of a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb, or health (whether physical or mental) of the woman; or
b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
