@498victim @northern queen:--
You said : "Government will go according to the statistics. " . With all respect , you are WRONG sir . If you are saying that government is following statistics you are absolutely wrong . I dont know what statastics you are following . But even supreme court has called it Legal Terrorism .
Though the Supreme Court called it as Legal Terrorism at the same time it said that it is not the fault of law. The law is good, the only problem is with who misutilises it. Hence, the supreme court had advised the concerned state government to make appropriate laws to control the Sec. 498a.
For each and every Act, there will some problems (side effects). Naturally, some of the wicked persons may misuse it. Hence, you cannot say that the whole Act should be removed. For example in Tenancy matters, the law had framed some rules to safeguard the tenant from illegally removing him from his possession. Taking undue advantage of this protection, some of the cunning and wicked persons are misusing the law and demanding huge amounts to vacate the premises. So you cannot say that the whole Rent Control Act should be removed.
You might already know that giving dowry is also a crime , so why government never punish girl or parents who writes in FIR that this amount of dowry was paid ? Is not it gender biased ?
Definitely, giving dowry is also crime. When the husband or his parents or his relatives lodges a complaint the police will register a case against the wife also. But if there is considerable delay in giving a police complaint, then it will not be treated as dowry and cannot be termed as an offence. The Supreme Court had stated in several judgements that the dowry (either it may be cash or gifts) given in the first instance i.e. at the time of marriage will be treated as the marriage gifts (when there is no complaint from either side) and it is not an offence. Whatever dowry given thereafter can only be treated as dowry.
Women cant be charged with adultery, isn't that gender biased ? Men cant file a domestic violence case against women , isn't that Gender Biased ?
In the eye of law women is treated as a weak person and men is treated as an influencial, intelligent, wicked and strong person. Women cannot overtake men in any aspects. Normally there are possibilities that the man can take women under his influence easily. If any adultery is happened most of the fault will be laid on the men instead of woman, because men is stronger than women. Apart from that if the name of the women is leaked out, most of the damage in reputation will be caused to woman compared to men. In the society adultery by men is treated as an offence and sometimes it is treated as manliness/manhood and it is acceptable by the society. Whereas in the case of women, it is treated as a sin. Can you tell me why there is lot of difference in the acceptability for men and women for the same act of offence. What do you say about this gender bias of the society. So, in my view this cannot be said as a gender bias, rather than it can be said as a protection to the women.
Why police will arrest people without any investigation at all ?
Police will definitely do preliminary enquiry before making FIR. Without making enquiry it will not register FIR.
Do you know that US government itself advices people not to travel to india when going through matrimonial dispute . Even foreign countries know about this crooked law . So please stop supporting it . And there are more than enough stats on misuse of 498a , So please dont say that government is right about this law .
I do not know about the law of other countries. Though the indian people are poor they are well cultured, traditional, pious, god fearing, the law is also based according to it. We cannot compare indian law to other countries law.
As I told you above for each and every law there will be misuse of it, you have to bring the misuse of the law to the notices of the court or concerned dept of government to get appropriate justice. After bringing the sec. 498a, most of the dowry deaths, woman harassments have been under control.
Stastistics are clearly proving that IPC 498a is being misused. It is failing the real victims and actually lining the pockets of the Advocates and fake trolls. 99% of the cases are all about A FAST DIVORCE PAYOUT and nothing at all to do with torture or cruelty or dowry.
I agree with your sir, in respect of your view in this regard that 95% cases are fake. We can bring this fact to the notice of courts and governments so that they can modify the act.
As I already told above that though the Supreme Court called it as Legal Terrorism at the same time it said that it is not the fault of law. The law is good, the only problem is with who misutilises it. Hence, the supreme court had advised the concerned state government to make appropriate laws to control the Sec. 498a. So, we cannot brush aside the fact that after bringing the sec. 498a, most of the dowry deaths, woman harassments have been under control.