While going through several articles for some 498A cases against husbands, I got several names & One name repeatedly came in google search is Dr. Subhadeep Khan.
Now, who is this Dr. Subhadeep Khan. A 32yrs of aged doctor from Asansol (Part of West Bengal), was a topper in his class & part of ICCU at SAIL.
Now, coming to his martial life, he got married 3 years back with a lady named Ruma Khan & lastly Ruma filed an FIR at Kulti (part of Asansol) Police station alleging that she was being mentally and physically tortured by her husband and in laws. The district and sessions court of Burdwan granted an advance bail to Subhadeep’s parents. Subhadeep failed to secure bail there. Later, Calcutta high court granted him bail. The sub-inspector of Kulti police station, Tojammel Mondal, in connivance with Subhadeep’s in laws’ started putting pressure on him and even asked him to settle the issue by bribing him and paying alimony to Ruma. When Subhadeep refused, Mojammel threatened him with dire consequences. Failing to sustain such torture, Subhadeep committed suicide by administering upon himself a poisonous injection while on duty at the hospital on March 19 2015.
He was compelled to commit suicide because his wife, Mrs. Ruma Khan and her parents were using IPC 498A as a tool to threaten him and extort money from him and his aged parents. Subhadeep has, in his suicide note, explicitly held Mrs. Ruma Khan and her parents Mr. Madhusudan Chandra and Mrs. Pranati Chandra responsible for his death. However the police failed to arrest the accused.
So, after reading this article & also going through various other articles, some question came across to my mind, I guess, the eminent lawyers, counsellors, NGOs, present at this forum would enlighten me to get these answers.
- What is 498A, a money making tool for some? A law which encourages incidents like Dr. Subhadeep Khan’s? Which stays in a disguise of “WOMEN PROTECTION ACTS” ? Is my understanding right?
- Let us have a closer look at 498A
- Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bail able.
Explanation: For the purposes of this section, "cruelty" means
- (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) 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.
Now, for time being, let’s assume, that Dr. Subhadeep had such intention to hurt his wife (physically & mentally) which might had led her to lodge a complaint under IPC498A.
- Then isn’t she/her family members will be held responsible for the suicide of Dr. Khan, even when there was a clear cut suicide note found? If the case would have been just the opposite, would Dr. Khan & his family members would have spared in the eyes of law?
- If husband & any one of in-laws actions/behaviours towards a wife caused a suicide of the wife, that would have been cited & attracted 498A, understood. But what provisions of law Dr. had? Became helpless and committed suicide? & still police failed to arrest the accused. Strange isn’t it? & in the other hand, Police came to arrest knowing that bails were granted with just a FIR Lodged.
- When a 498A gets lodged in a police station, police becomes so adamant to complete the arrest (Even after SC’s directives too, and the latest is my case. Where my parents were in bail and Local Police People came by and asked my mother to go to court and have the Surrender Slip along otherwise she & my father would be arrested.) So was, Dr. Subhadeep, he & his parents were granted bail from HC, yet Police came by and asked that there would be arrest.
- In this case police, were the acted like a group of pets of Dr.’s wife & her family. Asked to come by his in-laws and give some “DHAAMKIS”, and still we are considering them the “RAKSHAKS” of our society?
- Some of the people may call him as a person without guts/courage. But how far he would have tolerated? He was also a human being right? Having said that, I’m not justified his actions, but at the end of the day what was his fate? Death? Leaving a suicide note (even un-responded)
Dr. Subhadeep Khan was just an example to cite. But there are many unknown cases like this. Since we are so much bothered about the WOMEN EMPOWERMENT & PROTECTION, we forgot to protect the other side of the society. If you agree with this statement, then please elaborate a reason that some of the readers think that filing a 498A case is just a way to get rid of mental dis-agreements between a husband and wife. Pls cite one single reason.
I feel, now-a-days, it’s not the WOMEN who needs the protection, it is the MEN of the society who needs some kind of protection by law. & moreover, there should be an immediate amendment to the LAW.
I’m not a lawyer, nor an MP/MLA to raise the voice to Indian Judicial System. I’m just a human being, want to live my life with respect in society and make my family happy about something. Not to give them the reason to cry about. I don’t want to be Dr. Subhadeep Khan & I’m sure there are many like me. So I request the eminent lawyers/counsellors/NGOs/other individuals, reading this post, to please help us..! Pls check each & every possible authenticity of case that you’re handling. Pls don’t just run behind the money. If my post make sense to you, please help us…! Don’t let any parents sit and mourn at his son’s funereal just because of this great “498A”
