Is This a Law or Legal Terrorism

Laws Creating HELL for Senior Citizens, Children, and Society

By VK S, published Aug 10, 2006
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It is true that large numbers of women are suffering in India. I fully support eradication of Dowry system, and domestic violence. However, prudence says whenever there is problem solution should be such, which do not open bigger floodgates elsewhere. Unluckily while trying to protect interest of Daughter-in-laws, our leaders did not make provisions to deal with cases where daughter-in-law is terrorising every one else in the family. It is responsibility of our leaders to enact laws, which promote family unity, harmony and are for betterment of society. Law should be such where if any family member is trying to harass any one else, in the family; the person harassing is punished.

To deal with Dowry / Harassment cases, section 498a was inserted in the Indian Penal Code. When section 498A was enacted, purpose / Inner meaning were to help the wife to stay with her husband, and at the same time protect her from marital violence, abuse, and extortionist dowry demands.

However, actual implementation of 498a has left a bitter trail of disappointment. National Commission for Women (NCW) may quote any data or facts, but real picture is known to our Judges who deal with such cases. Judges, after examining evidences of such cases, has opined that in large number of cases provisions of sec 498a has been misused. Judges has commented that, these are the offences whose deterrence has proved worse than remedy.

There are any numbers of cases where even if no dowry was taken / demanded, just because wife was not able to adjust to husband home, in the name of Dowry, 498a has been used as an instrument to harass innocent husband, his age-old parents, and his married / unmarried sisters including those who are staying in other city or abroad. Based on girl’s complaint, police blindly without any proof or enquiry; arrested all those named in the complaint and put them in jail.

Takeaways
  • There is life after divorce, which in most cases is like living in a hell.
  • Parents satisfy their ego by entering into legal disputes, and children pay price for that.
  • Enacting laws cannot stop Domestic Violence, society has to set norms and enforce those norms.
Comments
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It is a fact that 498a is being used to extort money and dictate terms and conditions. In other words this law makes you slave in your own home! Recently I heard from one of my friends about exact working of these notorious women's organisations. These organisations keep track of civil cases filed in local courts. They get addresses of females from here. Then they meet the so called victim and try to convince them to file a case. Once it has been done, husband and it family gets arrested. In lockup husband and his family are asked for huge money and this money is divided between police and women's organisation. The root level workers get their share for bringing the girl upto the police station to file the case. Rest of the money is syphoned up. So it is a well establish business of extortion. I don't know exact truth behind this but i do trust my friend and know that he won't say anything without any basis. Moreover, almost all these organizations don't work in rural areas where

Posted on 09/06/2006 at 1:09:00 PM

 
When Domestic violence becomes unbearable only then women start looking around for help and they are made aware of such laws which truely speaking still 80% of women hesitate to use. The users of such law do not constitute average women of india they usually come form well informed group who either choose to use their rights instead of succumbing to domestic violence and rightly use the law fulfilling the reason as to why it was enforced, the other users are those who manipulate this law and if they behave irresponsible there are remedies in law which would give relief to aggreived and punish the misuser Provided the one who had been aggreived by such law choose not to take it lying down.

Posted on 09/03/2006 at 2:09:00 AM

 
Very nice write-up and presents the true picture of misuse of 498a in india. But I am sorry to mention that NCW and police will not agree to you contents. The battered husbands are openly coming in public to raise their voice against misuse of 498a. You will be surprised to know that there are many website, blogs available on internet who help 498a victims. Some of the good sites that I have come across recently are www.saveindianfamily.org, www.498a.org and www.mynation.net.

Posted on 08/11/2006 at 2:08:00 AM

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