The problems with the section 498A of IPC are many. If Indian Government desires respect for the law, they must first make the law respectable
*It rewards frauds and cheats for using the law.
*It makes the accuser the prosecutor, the judge and the jury all rolled into one.
*It makes all the families subject to destruction on the whims and fancies of criminals (girl and her families who want to get rich).
*It has no safeguards for the innocent.
*It facilitates elder and child abuse by the accusers.
*It lays down no automatic punishments for the UN-scrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.
*It enables violation of the privacy, sanctity and the dignity of the innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in the society and at the mercy of the lawyers and the inefficiencies of the court system in India.
*It provides monetary inducements for corruption, falsehoods, revenge, blackmail and extortion; therefore an invitation to the increasing crimes in India.
*It is a monster and menace, created by the law; and does not belong in any civilised and democratic society as it smells like fascism.
This law, therefore, must go lock stock and barrel, and replaced by a law that punishes only the guilty appropriate to their crime.
That is the way a democracy works. Only fascist dictatorships and enemies of the society create laws that destroys the very society they claim to protect.
There was assessment and advice of the Ex-Chief Justice of Bombay High Court,Justice Pandse.He had said that 498A would bring devastation of Indian society.He had advised the judges to apply their mind despite law.
For this statement he had to face a forced transfer. This was at the initial stage of 498A. Now Indian families are in the brink of extinction. Justice Pandse was true.
Feminists laws legislated during the past two decades have unleashed a “New Legal Terrorism”, which are also responsible for Rape of Indian Legal System as well as Indian culture including social order.
Supreme court has said in recent judgement that provisions in feminists laws are often being misused to settle personal scores.
These laws are no License to settle scores, or blackmail for Extortion; merely because the provisions are legal.
These laws does not give a licence to unscrupulous persons to wreak personal vendetta or unleash harassment by lodging frivolous complaints and allegations.
The provisions in women`s laws are intended to be used as a shield not an assassin weapon.
Indian legal system has completely and miserably failed to protect innocent persons.
The guilty who make frivolous and scandalous complaints or start false prosecutions get off Scott free at the cost and expense of the public exchequer.
Many instances have come to light where the complaints are not bonafide and have been filed with an oblique motives with the collusion of corrupt law enforcing machinery.
The acquittal does not wipe out the ignominy suffered during and prior to trial by the innocent accused family who were all arrested without bail and jailed without committing any offence.
The Judicial system must strongly deal with frivolous complaints and prosecutions by unscrupulous corrupt law enforcers; for wasting court`s precious time and financial burden on public exchequer. The costs should be recovered from guilty and the victim should be compensated.
Unless Cry “WOLF” too often as a prank by feminists is stop-ed and unless unscrupulous persons including corrupt government machinery are properly and severely dealt with ; The Rape of Indian legal system and Indian society by UN-social elements will continue.
The present Domestic Violence bill will most certainly be useful for the urban woman in an adulterous relationship because if caught, she can accuse her husband/his parental family of domestic violence, have them jailed while she takes over all their assets.
From: Gope Lalwani