PIL Against Misuse of 498A

STOP Misuse of Dowry Law.

Please Sign PIL Against Misuse of 498A

Todays modern indian women, in the name of LAW, misuseing Dowry protection Act IPC -498a to harass innocent husband, his old aged parents and his sisters, Even if he has not taken any dowry or demand any dowry.
Just because she is not able to adjust to husband home,
To have more Freedom,
To control her in-laws,
When husband find out her infedelity.
or Blackmail husband incase he divorce her, for her mistakes.

Under this section Authority charge Everyone who named,without any Enquiry,they jail old Aged parents of husband,
Full pregenent sisters of husband, and also breast fed children of her coz they cann`t seperate when mother was falsly charged in 498a.
it is not a law to protect women but harass more innocent women to protect one women.

The Dowry Prohibition Act, was enacted with the intention of protecting wives from marital violence, abuse and extortionist dowry demands, however, the actual implementation of these laws has left a bitter trail of disappointment, anger and resentment in its wake, among the affected families

The truth is, that there were adequate provisions in the IPC Sections 323, 324, 325 and 326 for use against anyone who assaults a woman or causes her injury. The Indian Penal Code was amended twice during the 1980s – first in 1983 and again in 1986 – to define special categories of crimes dealing with marital violence and abuse

In 1983, Section 498A of the IPC defined a new cognizable offence, namely, “cruelty by husband or relatives of husband”. This means that under this law the police have no option but to take action, once such a complaint is registered by the victim or any of her relatives. It prescribes imprisonment for a term which may extend to three years and also includes a fine. The definition of cruelty is not just confined to causing grave injury, bodily harm, or danger to life, limb or physical health, but also includes mental health, harassment and emotional torture through verbal abuse. This law takes particular cognisance of harassment, where it occurs with a view to coercing the wife, or any person related to her, to meet any unlawful demand regarding any property or valuable security, or occurs on account of failure by her, or any person related to her, to meet such a demand.

During the same period, two amendments to the Dowry Prohibition Act of 1961, enacted in 1984 and 1986, made dowry giving and receiving a cognizable offence. Even in this case, where a person is prosecuted for taking or abetting dowry, or for demanding dowry, the burden of proof that he had not committed the offence was placed on the accused.

However, no punitive provisions were added for those making false allegations or exaggerated claims. There is, of course, the law against perjury (lying on oath). But in India, the courts expect people to prevaricate and lawyers routinely encourage people to make false claims because such stratagems are assumed to be part of the legal game in India. Therefore, the law against perjury has hardly ever been invoked in India.

Section 406, to be invoked by the woman to file cases against her husband and in-laws for retrieval of her dowry prescribes imprisonment of upto three years for criminal breach of trust. Often, highly exaggerated or bogus claims are made by unscrupulous families who demand the return of more than was given as ‘stridhan’, using the draconian sections 498A and section 406 of the IPC as a bargaining tool.

Furthermore, another Section 304B was added to the IPC to deal with yet another new category of crime called “dowry death”. This section states that if the death of a woman is caused by burns or bodily injury, or occurs under abnormal circumstances, within seven years of her marriage and it is shown that just prior to her death she was subjected to cruelty by her husband or any relative of her husband, in connection with any demand for dowry, such a death would be called a “dowry death”, and the husband or relative would would be deemed to have caused her death. The burden of proof is shifted to the accused party. The basic spirit of Indian jurisprudence is that a person is presumed innocent till proven guilty. However, in all these cases the person is assumed guilty till proven innocent.

The person held guilty of a “dowry death” shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. By inserting a new section 113B in the Indian Evidence Act, the lawmakers stipulated that in cases that get registered by the police as those of “dowry death”, the court shall presume that the accused is guilty unless he can prove otherwise.

This is understandable in cases of death because the unnatural demise of a woman through suicide or murder is in itself proof that something was seriously wrong in the marriage. But problems arise when the same presumption applies to cases of domestic discord where the underlying cause of conflict is not necessarily the husband’s violence, abuse or economic demands but due to the couple’s inability to get along with each other.

The law was recast, heavily weighted in the woman’s favour, on the assumption that only genuinely aggrieved women would come forward to lodge complaints and that they would invariably tell the truth. In the process, however, the whole concept of due process of law had been overturned in these legal provisions dealing with domestic violence

With the police as well as lawyers encouraging female complainants to use this as a necessary ploy to implicate their marital families, making them believe that their complaint will not be taken seriously otherwise. It has become a distinct trend to include dowry demands in every complaint of domestic discord or cruelty, even when dowry was not an issue at all. This has created an erroneous impression that all of the violence in Indian homes is due to a growing greed for more dowry.

This tendency has received a further fillip with the enactment of 498 A, mentioning dowry demands seems to have become a common ritual in virtually all cases registered with the police or filed in court, misusing the provisions of sections 498A and 406. Even members of many women’s organisations themselves acknowledge such abuse. Things have come to this pass, not just due to police and judicial corruption/apathy but also because the laws, as they are currently framed, lend themselves to easy abuse.

All these amendments placed draconian powers in the hands of the police without adequate safeguards against the irresponsibility of the enforcement machinery. There are any number of cases coming to light where Section 498A has been used mainly as an instrument of blackmail. It lends itself to easy misuse as a tool for wreaking vengeance on entire families, because, under this section, it is available to the police to arrest anyone a married woman names as a tormentor in her complaint, as “cruelty” in marriage has been made a non-bailable offence. Thereafter, bail in such cases has been denied as a basic right.

This law has lent itself to gross abuse, because arresting and putting a person in jail, even before the trial has begun, amounts to pre-judging and punishing the accused without due process. Although a preliminary investigation is required after the registration of the F.I.R, in practice such complaints are registered, whether the charges are proved valid or not, and arrest warrants issued, without determining whether the concerned family is actually abusive, or they have been falsely implicated. Our laws do not recognise the possibility of daughters-in-law maltreating old in-laws or other vulnerable members of their husband’s family.

There are any number of cases where the problem is mutual maladjustment of the couple rather than abuse by the entire joint family. However, a host of relatives, including elderly parents, who are not necessarily the cause of maladjustment, have all been arrested and put in jail for varying lengths of time before the trial begins. There have been several cases where judges have refused bail unless the accused family deposits a certain sum of money in the complainant’s name as a precondition to the grant of bail.

There have been of instances where the main point of discord between the couple was that the wife wanted the husband to leave his parent’s home or an old widowed mother and set up a nuclear family. Since the man resisted this move, the wife used 498A as a bargaining device, without success though.

Indeed, there have been many cases where the woman uses the strict provisions of 498A in the hope of enhancing her bargaining position vis a vis her husband and in-laws. Her lawyers often encourage her in the misguided belief that her husband would be so intimidated that he will be ready to concede all her demands. However, once a family has been sent to jail even for a day, they are so paranoid that they refuse to consider a reconciliation under any circumstances, pushing instead for divorce, then they are in a fight to the finish. Thus, many a woman ends up with a divorce she didn’t want and with weaker, rather than strengthened, terms of bargaining.

Often, these highly exaggerated or bogus claims made by unscrupulous wives and her family fail to stand scrutiny and many cases do not go far because the charges are so exaggerated that the cases fall through. In many instances, out-of-court settlements are made, by presenting, with mutual consent, a joint petition/ in the High Court u/s 482 Cr. P.C., using 498A as a bargaining point by the woman’s family. But this in itself amounts to using the law as a weapon of intimidation rather than a tool of justice defeating the letter, spirit and purpose of the law depriving the truly deserving cases of her legitimate dues….

This Law no longer support Age old indian traditions, and marital harmony or solve the Problems of Marriage,than breaking it.

Please support our cause to SAVE Indian Families, institute of sacred Marriage and Our Society.

JAI HIND.

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1,866 thoughts on “PIL Against Misuse of 498A

  1. 498a =legal terrorism.

    God knows how many families failed. Moreover judges know that wife who has more interested in gold than husband and children are not fit for family.

    Bail and not jail was rule but this is definitely not a case nowadays

  2. I am signing this petition, this law is getting misused by women especially educated women who want their husbands to leave their parents and be a slave to their wives. The provisions to arrest and detain someone without any investigation based on gender is something we should reflect as a society.
    Even is the wife wants to come back to the husband after false filing in 498A, she cannot as this is a criminal, non-compoundable section and the husband will never take the wife back in. Only way the husband may take the wife is that if she takes her false complaint as false and acknowledges her false claim. But this will not happen as making a false complaint is a criminal offence.

    So the wife is tuck in a limbo and has no option but to fight the case.

  3. I am signing this petition being concerned citizen.

    This feminist laws shows mindset of our society where one side we are talking about indian womens who are so powerfull , educated , reservation of women in all sectors of job.When it come to law judiciary system ask husband to maintain there so called fraud wifes.God has made both men and women equal with two hands , two legs and one mind each then why always husband need to maintain wife??Why dont goverment understand that in name of this laws so many innocent people get screwd up.Why dont they understand that this laws lead to distruction of families , so many kids losses there happy childhood when they loose there father because of arrogant nature of there so called there mother’s.They say behind every successfull family and men there is women and when such women for sake of there own grid and will keep their husband and childern at toss this laws are responsible for Spoiling life of small kids will this give back those small childern the childhood they loose?Most sufferes of this whole drama is innocent kids and our system talks about upliftment of kids , why dont Ngo’s for childern come forward to protest against this laws??Hope goverment , concern authrities as well as all Ngo should come forward to teach lesson to such females who are least concern for their husband , infact they should come out with law where if it turns out to be false case women should go through double impresiment.

  4. Very well written and valid points throwing light on most misused law 498a destroying innocent , educated families of men . I’m a victim of false 498a case and my whole family is suffering due to undemocratic gender based laws and injustice given to men in my country India. 498a is highly misused by today’s educated women to torture innocent men and his entire family . Indian government has to scrap this women biased law to save innocent families of men .
    I support this blog and this cause .

  5. The is a fantastic block. Please also see my post on LCI. All gender biased laws are unconstitutional.

    http://www.lawyersclubindia.com/forum/All-gender-biased-feminist-laws-are-unconstitutional–133540.asp#.VsxaD9IrLIU

    Actually, these unconstitutional laws has become business of Corrupted Judges, Police, Advocates and wrong women. May be menz NGOs are also created and funded by them those shows false sympathy. Please see my link to understand the ground of PIL. We all need to sue PIL in Supreme Court to eradicates these laws rather boycott vote or joining or depending any NGO. Please sue and please Party-in-person (Without Advocate).

  6. sir,i want to be a active participant of your group.I am a defence officer who has been fighting against 498A and DPA since 2009.But the in-laws are so rich that they either influences the advocate or police even the judiciary that If i have not won then i havenot lost on any of the complaints filed by wife at behest of women laws.I want tp represent my entire story and evidences to media to get justice and punish the defaulters. That all these laws for dowry and domestic violence needs to amended to save onto usas weare also human beings with same morphological features less that we are males.Infact it is very sad to see that no law provides protection to us against the atrocities of wives and in-laws who have been ruing our mental peace,tanquility and traumatising us to suicidal tendencies as there is hardly ant scope of getting relief from judiciary also .
    regards
    rajat singh

  7. The 498a law is used either to extort money out of the husbands, or to make husbands fall in line with the terms of the in-laws and wives. In the latter case, most of the in-laws and wives are just minions who cannot stand on their own 2 feet and work for their living.

    On one hand we want to let our women work, and make use of our 50% of our workforce; on the other hand there are women who want to live it up on their husbands’ income!!! It is such an irony…..

    Some genuine women may not be able to get quick justice, because some selfish women, who dont think why the law made in the first place.

    Why don’t we have a law that treats both the genders equally; or scrap it altogether; or makes the wives and in-laws accountable for perjury? There is already a DV act to deal with violence against women. This is a Draconian law which the supreme court has said that was misused in most cases.

  8. I sign this petition being concerned citizen.
    I will Never Vote Parties which do not care such Citizens Sufferings, do not repeal such antisocial& unconstitutional laws retrospectively and not compensating victims of abuse of such biased laws from personal funds of misusing law enforcers, justice deliverers& misrulers.
    Krishna

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