TRUTH About dowry Law and Its Misuse.
This is a Report based on 5 years Research and Study on dowry Prohibition act, its
use and misuse.This Reasearch conducted by our own Experts of MyNation Foundation,and its members who are not funded by any gender biased organisations. We
studied 1500 Plus Families, these are feedbacks from them and from the
reports published by media.
What is IPC-498a ?
Cognizable " The accused can be arrested and
jailed without warrant or investigation
Non-Bailable " The
accused must appear in the court to request bail
Non-Compoundable " The
complaint cannot be withdrawn by the petitioner
The accused, on a
woman's one complaint, are considered guilty until proven innocent, and the
burden is on the accused to prove their innocence in the courts. It is even more
torturous that old ailing parents too are arrested prior to investigation. Is
this not violation of Human Rights of Indian citizen ?
When an FIR (First Information Report) under IPC
section 498A (anti-dowry law) is registered by a woman, the accused -
the husband and his old parents, brothers, sisters, relatives - are
arrested and jailed without investigation. The Supreme Court of India
has ruled several times that arrest should be an exception, and not compulsory.
Why is there no penalty for disobeying the Supreme Court's orders? Is it not
mental cruelty to subject a person to arrest without investigation or reasonable
cause ? Police are subjected to gender sensitization training wherein they are
forced to take women's complaint and arrest the accused even when they find the
case to be fabricated. And in case the police do not react on a woman's false
complaint, the women groups are given unnecessary powers to take legal action
against the officer-in-charge of the police station.
As per our Study, we found out that, it is a custom in
India to give support to bride in the form of gold and valuables to support her
future life with her husband, as husband take home the bride's Father's financial burden.
There are certain natural problems in every marriage that
are always resolved amicably. In olden day, men and women used to manage these
trivial differences in their marriages, but today's modern woman are not ready
to compromise on petty issues, which are part and parcel of a married life.
Shobha [Name Changed] says dowry is not an issue. Ours was
love-cum arranged marriage. I know my father's capacity and how much he
can give. And after marriage there is no chance takeing any money or asking, so i only
told my Husband,that he can take. we are happy with that,it helped us to build our
Family. we should not take Stridhan as dowry.
When we get marry, to make
new house, start family we need money,from girl side her father should provide
to start family,and man should not demand more than what girls family offer.Says
We are not talking about the dowry deaths or physical
injury cases but about dowry harassment cases that require no evidence and can
be filed based on a single complaint by the wife. With an estimated of 60,000
such accusations per year and an average of 4 members of the husband's family
falsely implicated in each of these 498A cases, about 240,000 people are
directly affected by these false accusations.
Published on IBN-CNN.
*In 2004, 58,319 dowry cases were
*1,34,757 men were arrested.
*47,828 cases have reached the
charge sheet stage.
*10,491 dowry cases were not charge sheeted as they were
based on frivolous ground.
*However, 5,739 men have been convicted but more
than four times that number have been acquitted (24,127)
controversial section not only covers dowry, but a wide spectrum of incidents
including cruelty, causing injury and danger to mental or physical health.
as on June 30 2005 are those under
sections 498 and 498(A). In the first six months this year, 3801 new cases under
just these two sections were instituted.
Thanks to the awareness levels
amongst women, many more are approaching the courts today than before. Consider
this against the number of cases that are disposed. They are only 2432 cases. Of
them, only 164 cases led to convictions. 1449 cases ended in acquittal with the
women considering further appeals.
This poorly formulated law is
inviting women to file false cases, and causing the imprisonment of innocent
husband and his old parents without investigation. They are put behind bar along
with other criminals. These innocent people undergo stigmatization and emotional
trauma even before the trial in the court of law, which leads to emotional,
physical and financial torture. Some of the falsely accused have committed
suicide after being jailed, unable to bear the social consequences. Helplessness
drove these innocent families to commit suicide. What is the Government doing to
protect these innocent families?
Result of False Accusations.
As per Recent report from Ahmedabad, Rajesh Hasmukh Desai, a married man, committed
suicide. He was falsely charged under IPC 498A. If a woman dies in "any"
circumstances within seven years of marriage, police, by default, will arrest
the husband and his parents for abetting suicide of a woman or for dowry death.
But in this case, police did not interrogate his wife, nor took any action
against her. Rajesh's case file was closed and the actual perpetrator got
scot-free. Why the possibility of the wife driving her husband Rajesh Desai
to suicide was ruled out ? Why she is not punished for abetting her
A study by Professor K. Nagaraj, senior economist at
the Madras Institute of Development Studies (MIDS)
distribution of suicides by marital status reveals some alarming pattern. The
rates do not vary much between the sexes for the never married.
Among those currently married, while the rate for males is about 17 per
100,000 persons, the rate for females is 11.4 per 100,000.
Among those widowed, while the rate for males is 21 per 100,000 persons,
the rate for females is also significantly lower, at 6.6 per 100,000.
Among divorced males the suicide rate is 164 per 100,000 persons, but
even in this class, among females the rate is only 63 per 100,000.
While the suicide rate for separated men is about 167, for females it is
only 41 per 100,000 persons.
Such alarming statistical reports have not yet convinced the Government that men too
are victims of domestic violence and not providing them legal protection will
only increase the suicide numbers for men.
Despite the recommendations of the Supreme
Court of India and Justice Malimath Committee that the legislative arm should
modify the laws such that the innocent are protected. The suggested amendment in
the 498A law has been largely ignored. Innocent men and old parents are visiting
women cell for help, but they are neglected. Unchecked, this
social evil is threatening the foundation of the Indian Family system.
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