Friday, September 23, 2005

 

In reponse to Jayna Kothari's mail... she just does'nt get it

Hi Jayna,


I have compiled the list of 'truths about 498a'. You are welcome to send it to your friends and families.

http://stannoxane.blogspot.com/2005/09/truth-about-ipc-498a.html

1) I wish you could use your judgement to understand if that laws like 498a and DV need ammendments, there are a plenty of people who mis-use it. With every 498a (filed by wife or her relative) there are other women (mother-in-law, sister-in-law) who go through hell. So 498a is not for protection of women, it is for the protection of wife (WIFE ONLY!!!). Why is that no other country in the world have such gender-biased, wife-biased law? If you are giving me the statistics w.r.t. the convictions and judgements, then respect the statistics and confess that the misuse of the law is rampant. The judicial results speak for themselves.

2) If you want us to believe that the woman organization statistics is more reliable than court results, than we differ in opinions. What makes you believe so much on woman organization and their work. Please give me name of one independent social research on 498a conducted by an organization which is not headed by woman?

3) If you are trying to say woman do not have problem of aggresion and that 498a is used as a last resort by them to escape physical and mental torture, then you ought to have open mind and do some more readings by psychologist on the net.

4) You forgot to add that Center for Social research headed by a woman (who confesses to being a feminist) reported in August'2005 that only 6.5% of the cases of 498a are false, where are High court and Supreme court judges who deal with this social epidemic on a regular basis have said that the percentage is somewhere around 70-80%.




Jayna Kothari wrote:

Dear all,

Let me try and respond to some of the issues that have
been raised in the Section 498A discussion to the best
that I can:

1. First of all, all laws may be generally open to
misuse. Is there anything extraordinary about the
misuse of Section 498A? I do not think so, and I am
only relying on factual data and empirical studies to
support my claim.
A study of court decisions in the state of Maharashtra
carried out by the Women's Studies Unit of the Tata
Institute of Social Sciences in 1996 showed that only
2.2 % of cases brought under section 498A during
1990-96 resulted in conviction. Another study done by
Vimochana in Bangalore during the years 1998-1999 on
cases relating to dowry death and domestic violence
based on the Karnataka State Crime Records data shows
that only 22 cases of Section 304B (dowry death) and
498A were disposed of in 1998. Out of these, none
resulted in conviction - 4 were acquitted and 18 were
disposed by other methods. In 1999 too, there were no
convictions - only 2 acquittals and 19 "other
disposals". The latter category of ‘other disposals’ is
an euphemism for "compromise cases", that is cases in
which victims' families are induced or threatened into
letting the police drop proceedings against the accused
- a totally unacceptable procedure since criminal cases
are not compoundable like civil actions. These facts
show that in majority of the cases, even the entire
trial is not completed and the complainants are forced
to drop the proceedings. Therefore the argument which
some of you might make that the abnormally low
conviction rate proves the falsity of the cases cannot
be sustained.
Another significant study done by the Tata Institute of
Social Sciences on Section 498A complaints in 1999
received in four police stations in Mumbai revealed
that 40% of these complaints were filed by their family
members, after the women were dead. This shows that in
almost half of the cases of domestic violence, the
women’s family only approaches the police after she is
dead.
These studies are available with TISS and Vimochana and
if anyone is interested I am sure they would be very
happy to supply copies.


2. Secondly, have there been any studies to show use
and misuse of any other laws, for eg. theft or murder?
Do we know how many convictions have taken place for
other offences, as compared to the number of cases
registered? I dont think there is any State sponsored
study to determine what amoutns to misuse. Therefore, I
would say that we should not loosely make claims of
'misuse' of Section 498A without keeping all these
factors in mind.

3. Thirdly, there is no bar to the State enacting
pro-women laws. In fact the constitution mandates the
State to make special provisions for women and children
in order to protect their rights. Therefore, I do not
think that the argument that there should not be any
pro-women laws can be sustained.

4. lastly, someone on the list complained of there
being too many women's groups and not enough children's
groups and men's rights groups! You may not be aware,
but there are hundreds of child rights groups all over
the country. And as regards groups to protect men's
rights - you are free to start your own group to
protect your rights if you believe they have been
violated. India is a democracy which allows people to
associate freely, so maybe some of the men on this list
who believe that Section 498A is being used falsely
against them must start their own group, and I wish
them all the best!

regards,
Jayna

Comments:
Response to Jayna,

Dear Jayna,
Have you ever considered that fact that every story has two sides. You are talking about abuse to women. Has it ever occured to you that men are also being absued with this section 498A. Using fancy language and gender biased statistics to project your one sided opinin does not ensure that a lie becomes a truth. I am a woman too, My family has been traumatized with this same section. The facts, Who are really misusing the section are the upper middle class families who intend to extort money after these educated worldy wise girls who tend to compare India with the west. Who further belive the fact that womens emancipation is having a upper hand over the male, Give and take is not a word in the dictionary of marrige. Eventually are disillusioned with being married.They resort to this tool to get the maximum advantage. The lower middle class and the poorer indian families are not even completely aware that such a law exists which could prevent the women from being abused or even murdered by the husband and in laws. They are the real victims. Please, if you could make a distinction between the real and fake cases and try to help the real victims, it solve more your purpose than just shooting off opiniated blogs on the internet. You need to be there to know what the other party has gone through. Just do not look at things from your one sided squinted view. My heart does go to the women who are being harressed but does it ever occur to you, these are the women who bear silently till it is too late. Please go and help them rather than judging the men and the law.

Regards

Indian
 
Being put in jail by one false sentence from a lady is not normal. How you argue with a person that sees this as normal?
 
Just saw this on internet...Reader - UK

"Sunday, July 01, 2007
namit Juyal - Noida/Uttarpradesh
Name: namit Juyal
Comments: I m a software engineer working at noida.I got
married January 2005.after my marriage few months went fine but after
that problems started. My wife is very demanding. She forced me to buy
car in her name for which i had to took loan 2.7 lac from the bank for which i m paying Rs5408 every month . After that she forced me to buy a house
jointly at Greater Noida for which i again took 13.6 lack Home loan & 1.5 lac personal loan from bank for with total emi i m paying every month is RS 20,000
.My parents also helped me by giving 4 lac in buying this house.After that she and her parents started blackmailing me to transfer
the whole house in her name other wise they will file case sec. 498 A against me. Upon resisting they filed FIR against me of Dowery and
Domestic voilence against me and my parents on 18/06/2007.We have taken stay from high court against it.I had to stay in jail for 2 days and i was released on personal bond of Rs 10,000 after the stay from high court. My wife wants huge amount of money,home and car if i have to settel this case which is not possible from me.Kindly help me
Thanks
Namit"
 
I kept no bearing harassment,mental torture, blackmailing and physical assault by my wife for more than a decade with threats to implicate me in dowry case and she extracted money from me. I kept on bearing to save future of my two kids, son and daughter. When beyond my bearing, I went for a police complaint followed by a case for divorce in session court. I had to pay for hefty maintainance but with statements of my kids about happenings in the four walls of my home finally after five years of legal battle I got divorce on grounds of cruality. Relief was short lived as I received a notice from high court against order of sessions court and for further maintainence despite her being a post graduate and I am bringing up my kids doing B.tech from top institutions now. My advocate says it can go for further 10 years. So my wife who thought that laws have been made to protect women but women are legally authorized to do the every act of violence against their husbands because there is no law to declare it wrong and prevent it and will keep on punishing me with legal weapon for years to come and my life will be finished. Are men not living beings? Can a healthy society be made through such mindless laws? Do law makers think what havoc such biased laws can do to the society? I am some safe because I could manage to bring up my kids and they deposed about the truth before the court.
Otherwise I would have been dying behind the bars on her false complaints or she would have tortured mentally to death. Now I would like to join an organization that works for suffering men because of these draconian laws. Also will some body suggest me a lawyer of supreme court who takes up such matters/cases to help men in distress with reasonable fee?.
 
my email id is k_r_madan@rediffmail.com
 
Dear Sirs,

I have a few lines to add from my real experience form my friends and relatives and not from books of statistics. On this blog page I have seen quite a good comments and some superficially intersting statistics. One thing is certain that no matter how draconican you make the law, it cannot protect the interests of depressed and really needful women unless you sensitise the system amd society. this can not be sceured by blindly punishing people without understanding the whole episode. i am in total agreement with Mr. Madan, because he is not alone. i have an acquaintance from UP(M.E.from MNREC, Allahabad) who got married in Bokaro to a girl of his caste according to social customs In 1998. On the 4th day of marriage, the girl went to her Father's home and her mother denied to send her back to girl's in-laws home. in meanwhile, the girl went directly to her husband,s working place in delhi and they were together for about 15 days during which they visited Agra and Jaipur. after that she went to Bokaro. This matter was not known to the husband's father. things were calm for a period of about one year. After which an arrest warrant under section 498A, came for the husband, his two sisters and father. Some how, after spending a few days in Jail, the sisters and father got bail. The poor husband did not appear before the court till 2003 and after that he served more than one and half months before getting a conditional bail which was later regularised by the Ranchi high Court. Now since then the husband's family has spent more than 5lac Rupees on legal proceedings but with the same status. The cases are pending before various courts. The Girls family demands 10 lakhs + for a settlement,which if the boys family agrees they shall be on road.

Now with this what I wish to drive home is that about 10 years of a man's life has gone in legal battle and not clear when will it reach its natural conclusion. The girl too has lost so many years. Had this not been a case of 498A it would have been disposed off long back. There is no evidence of cruelty except the girls atatement that she was attempted to set on on fire. There are no witnesses but the case lingers on. I am unable to understand what will she get. The only solution is compromise which could have been got in the beginning too.

It is high time, we recognise the antisocial aspect of 498A and devise some better laws to protect women from the evils of dowry and at the same time not harass innocent persons just because some vested interests wish so. This law is endangering the very essence of marriage as an institution.

Why this law is persisiting even after its such widespread abuse, is because the whole police and criminal adminstation departments do not wish so. The rampant corruption in these departments in such cases keeps the system well lubricated. the moment someone is implicated in a dowry related case he has to dole out huge sums of money to save himself.

One suggestion I would like to make here that the customs of implicating whole of the husbands family in such cases be done away with. This unnecessary complicates the matter and has made the lives of many families hell.

There is an urgent need to review the 498A provisions as these are being widely abused for getting huge sums of money in compromise.
 
Dear Sirs,

I have a few lines to add from my real experience form my friends and relatives and not from books of statistics. On this blog page I have seen quite a good comments and some superficially intersting statistics. One thing is certain that no matter how draconican you make the law, it cannot protect the interests of depressed and really needful women unless you sensitise the system amd society. this can not be sceured by blindly punishing people without understanding the whole episode. i am in total agreement with Mr. Madan, because he is not alone. i have an acquaintance from UP(M.E.from MNREC, Allahabad) who got married in Bokaro to a girl of his caste according to social customs In 1998. On the 4th day of marriage, the girl went to her Father's home and her mother denied to send her back to girl's in-laws home. in meanwhile, the girl went directly to her husband,s working place in delhi and they were together for about 15 days during which they visited Agra and Jaipur. after that she went to Bokaro. This matter was not known to the husband's father. things were calm for a period of about one year. After which an arrest warrant under section 498A, came for the husband, his two sisters and father. Some how, after spending a few days in Jail, the sisters and father got bail. The poor husband did not appear before the court till 2003 and after that he served more than one and half months before getting a conditional bail which was later regularised by the Ranchi high Court. Now since then the husband's family has spent more than 5lac Rupees on legal proceedings but with the same status. The cases are pending before various courts. The Girls family demands 10 lakhs + for a settlement,which if the boys family agrees they shall be on road.

Now with this what I wish to drive home is that about 10 years of a man's life has gone in legal battle and not clear when will it reach its natural conclusion. The girl too has lost so many years. Had this not been a case of 498A it would have been disposed off long back. There is no evidence of cruelty except the girls atatement that she was attempted to set on on fire. There are no witnesses but the case lingers on. I am unable to understand what will she get. The only solution is compromise which could have been got in the beginning too.

It is high time, we recognise the antisocial aspect of 498A and devise some better laws to protect women from the evils of dowry and at the same time not harass innocent persons just because some vested interests wish so. This law is endangering the very essence of marriage as an institution.

Why this law is persisiting even after its such widespread abuse, is because the whole police and criminal adminstation departments do not wish so. The rampant corruption in these departments in such cases keeps the system well lubricated. the moment someone is implicated in a dowry related case he has to dole out huge sums of money to save himself.

One suggestion I would like to make here that the customs of implicating whole of the husbands family in such cases be done away with. This unnecessary complicates the matter and has made the lives of many families hell.

There is an urgent need to review the 498A provisions as these are being widely abused for getting huge sums of money in compromise.
 
I totally understand your comment. We have tried so many times with the ministry to review the law, but due to the vested interests, it is not happening and hundreds of thousands of lives are getting ruined.

If you want to have a peek at the true victim stories, please visit: http://www.498a.org/victimStories.htm

Also, if you seek advice for you, your family and friends, please visi: http://forum.498a.org
 

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I am a private loan lender which have all take to be a genuine lender i give out the best loan to my client at a very convenient rate.The interest rate of this loan is 3%.i give out loan to public and private individuals.the maximum amount i give out in this loan is $1,000,000.00 USD why the minimum amount i give out is 5000.for more information contact us email finance2014911@gmail.com

Your Full Details:
Full Name :………
Country :………….
state:………….
Sex :………….
Address............
Tel :………….
Occupation :……..
Amount Required :…………
Purpose of the Loan :……..
Loan Duration :…………
Phone Number :………
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