Thursday, September 22, 2005

 

truth about IPC-498a

What 498a is:

1) Gender Biased law: Only women or her relative(s) can invoke it.
2) Wife specific : Only married women's relatives can invoke it.
3) No proof required: Can be invoked by wife whenever she wants, without any proof of any sort.
4) Non-bailable: All those named in the FIR (first Information report) have to be arrested without police bail. These people may not be living within the same household as wife (distant relatives can be implicated too).
5) Non-compundable: Once wife invokes it, she cannot take it back.
6) Criminal law: It is not a civil law, it comes under criminal code.
7) This law exists only in India: No where in the world you can find this kind of ridiculous law.
8) Extortion racket: Most implicated people/family are from middle to high class
9) No punishment for filing false 498a: even if it is proved that wife misused the law, she and her family members go spotfree.
10) Causing corruption and misuse of police power: Police harrasses family members implicated in 498a.
11) Simple search on internet will show that it is getting misused heavily by modern women in India and rural women (for whom this law was made) are more or less in the same situation as they were when the law was introduced.

498a is not:

1) does not Save marriage: We do not have a single incident when wife reconciled with husband after 498a.
2) not helping wife also: We do not hear of what happens to woman who had put 498a. Why don't women organization publish statistics about post-498a state of women.
3) not about gender equality: It is about improper law to help wife dictate the rules in a family. With every FIR, another woman (mother-in-law) is also implicated.

Comments:
This comment has been removed by a blog administrator.
 
It happens only in India.

Peter
 
I had come across situations in which even women who had lived 'like husband and wife'(not legally married) are also entitled the 'reliefs' under 498a!. So actually 498a is not wife-specific.

The real problem of 498a is that nobody realises that its a double edged sword, or like a Brahmastra. Once wrongly invoked it finishes off the maarriage, leaving any kids with partial families, and the 2 partners in shambles(sooner or later- emotionally and or physically).

And whoever is not affected, remains passive without doinganything about it, or not even acknowledging that this could happen. Thats why exactly 1005 of this worlds ruled by just 5% of mafia type people, while the 95% passively good just stays still in the name of restraint and dignity.

We need to know that when nature is tampered with man made follies, the nature as a whoe degrades until a make-over is necessary(called Pralaya in Mythology). We have enough dooms-day theries, we are just adding more angle through 498a!.
 
There is an urgent need to re-think whether such section like 498A are having direct violation to the Constitution of India Article 14 (equality).
 
Lot needs to be done to have good population of men police, men lawyers, men judges etc before letting these women go to these men. I say this because men are not trusted as per the law. It is like a case where a woman law maker is sending a poor cow to a lion hoping that the lion is a vegetarian. Note for the law maker (specially the female law maker):- Please first sort out other problems before this creates more problems for the society. UK Guy
 
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"
 
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