The Section 498A of the Indian Penal Code, which was passed in the year 1983, is gender biased. The irony of the whole system is that every department is hell-bent upon harassing and punishing the husband’s family even before being proven guilty. The injustice begins right from the police station where every marital discord is converted into a 498A and the injustice continues all the way to the court for years together.
The whole government system inspite of being aware of the misuse of this section is allowing it to continue because each one has a share in the money extorted from the husbands’ families. The ordinary citizens being unaware of this remain entangled in their problems and nobody questions the inadequacies of the government, the politicians, the NCW, the bureaucrats the law-makers, and the judiciary. They rarely can listen the other side, despite few of them willing.
The whole government system inspite of being aware of the misuse of this section is allowing it to continue because each one has a share in the money extorted from the husbands’ families. The ordinary citizens being unaware of this remain entangled in their problems and nobody questions the inadequacies of the government, the politicians, the NCW, the bureaucrats the law-makers, and the judiciary. They rarely can listen the other side, despite few of them willing.
The common man is totally ignorant of these real facts.
The real truth behind the government allowing the anti-male, gender biased and one sided laws to continue without any amendments for years shows that the Government has no intentions to curb the menace of section 498A misuse. This is non bailable as if the whole system wants the society to be always kept in fear of this law and there will be no one to check their supremacy.
More often than not, Section 498A is mistaken as the dowry law. This section is clubbed merely to facilitate the “Arrest on Demand” of the husband and his relatives on complaint by the married woman.
The NCW is given huge grants from foreign funds in the name of Eliminating Dowry System by showing the statistics of the cases being registered, but never an effort has been directed towards finding the genuineness of each case being registered as 98% of the cases are found to be false after years of trial. This law is totally unnecessary. In India there is a big hue and cry only on the assumption of the word dowry which is not a reality but only a perception.
Why should the so called dowry givers and abettors have a lighter punishment of one year instead of 5 years like the takers? They are the real perpetrators so they should face a severe punishment too.
Why do the bride's parents aspire for high qualified match for their ordinary daughters and their excuse is to give dowry to fulfill the desire of the in-laws they gave dowry of which there is no proof? Is it not greed on their part? The bride’s parents are equally responsible as they are encouraging the giving of dowry
Ironically the police and the judges has also to believe them, as they cannot investigate the given facts or look into the fabricated evidences available. The husband and his family are considered guilty and criminals before being proven while the real culprits (bride and her family) not only go scot-free but are even successful in carrying away a lofty amount, as the whole system is sympathetic to them and anti-husband in attitude . This mindset of the system should change.
The NCW is blindly supporting these unjustified laws as they want to run their shop of getting foreign funds by presenting false figures of women being harassed by the in-laws.
Not a single member of NCW has ever visited or tried to peep into the life of the brides who misuse such laws. Such wives are denied the basic rights not only in their parental homes but also face humiliation in the society. The real question stays at the helm that how many women (really needy brides) are really benefited from this law ? this also is a serious concern stand with us. Is this the type of empowerment that the NCW aims at giving the women of today ?
The real truth behind the government allowing the anti-male, gender biased and one sided laws to continue without any amendments for years shows that the Government has no intentions to curb the menace of section 498A misuse. This is non bailable as if the whole system wants the society to be always kept in fear of this law and there will be no one to check their supremacy.
More often than not, Section 498A is mistaken as the dowry law. This section is clubbed merely to facilitate the “Arrest on Demand” of the husband and his relatives on complaint by the married woman.
DOWRY ITSELF IS A ROWDY MYTH
The DOWRY PROHIBITION ACT (DPA1961) states that giving, taking, abetting the exchange of dowry is a crime. When a complaint is made why only the taker is made a criminal before being proven to be guilty, only on a verbal complaint without any investigation or evidence; whereas the giver and the abetter who admit the crime of giving dowry at the time of complaint are allowed to go scot-free? They are the ones who should also be booked under the section of DP 3 Act before accusing the taker.
The NCW is given huge grants from foreign funds in the name of Eliminating Dowry System by showing the statistics of the cases being registered, but never an effort has been directed towards finding the genuineness of each case being registered as 98% of the cases are found to be false after years of trial. This law is totally unnecessary. In India there is a big hue and cry only on the assumption of the word dowry which is not a reality but only a perception.
Extravagant and lavish marriages should be abandoned to stop the menace of the Draconian law of 498A, as the root cause lies here. The transactions of the gift items made in the marriages should be in presence of a Dowry Prohibition Officer. It should be mandatory for each and every marriage to be registered under the DOWRY PROHIBITION ACT (DPA1961) so as to stop the exchange of dowry and also put an end to the misuse of it.
Why should the so called dowry givers and abettors have a lighter punishment of one year instead of 5 years like the takers? They are the real perpetrators so they should face a severe punishment too.
Why do the bride's parents aspire for high qualified match for their ordinary daughters and their excuse is to give dowry to fulfill the desire of the in-laws they gave dowry of which there is no proof? Is it not greed on their part? The bride’s parents are equally responsible as they are encouraging the giving of dowry
In some communities like the gujrati jains there is no exchange of dowry yet false cases of 498A are filed. It is quite obvious that the main reason behind is to threaten the grooms family either to gain personal scores, for vengeance, to harass and humiliate the in-laws and above all to extort a hefty amount in the form of maintenance and alimony. The greed of the prospective bride and her parents leads to filing of false cases with fabricated stories and crocodile tears.
Ironically the police and the judges has also to believe them, as they cannot investigate the given facts or look into the fabricated evidences available. The husband and his family are considered guilty and criminals before being proven while the real culprits (bride and her family) not only go scot-free but are even successful in carrying away a lofty amount, as the whole system is sympathetic to them and anti-husband in attitude . This mindset of the system should change.
The NCW is blindly supporting these unjustified laws as they want to run their shop of getting foreign funds by presenting false figures of women being harassed by the in-laws.
What about the mothers and sisters (of husband) being harassed by the bride ?
Why can’t a case of 498A be filed on such brides? Not a single member of NCW has ever visited or tried to peep into the life of the brides who misuse such laws. Such wives are denied the basic rights not only in their parental homes but also face humiliation in the society. The real question stays at the helm that how many women (really needy brides) are really benefited from this law ? this also is a serious concern stand with us. Is this the type of empowerment that the NCW aims at giving the women of today ?
For every single crime there is a separate law, then why the necessity of a special law of Section 498A which has the same provisions as mentioned in other laws; the only reason is to break marriages and create a marriage -less society.
This law should be amended with immediate effect. Why give a tool or weapon in the hands of greedy women to spread legal terrorism in the society. The choice is with the citizens and the leaders to decide what they want but,
Mothers, sisters and bhabhis of a husband are also women. Please do not harass them unnecessarily.
Mothers, sisters and bhabhis of a husband are also women. Please do not harass them unnecessarily.
