From: Fight.Against.Injustice Fight.Against.Injustice
Date: Wed, Sep 22, 2010 at 11:31 PM
Subject: Views on MARRAIGE LAWS(AMENDMENT) BILL 2010 || Stop Testing
and Touturing Innocents
To: firstname.lastname@example.org, email@example.com
Respected Shri K.P. Singh ji,
I am sending this mail with regards to your open forum inviting "Views
on MARRAIGE LAWS(AMENDMENT) BILL 2010".
But before I present my views on the above agenda I would like you to
please have a look at the real picture of Men's World.
How on the name of "Fairer sex" Men have been beaten black and blue
with the gender baised laws, and with the gaps and loopholes in the
present proposed Marriage Law Amendment Bill 2010 our government is
ready to add further agony and torture of innocent FAMILIES who have
been treated no better than stray dogs.
Irony is even Animals have a Ministry, Women too have a ministry but
WHY DOES OUR GOVERNMENT TAKE MEN FOR GRANTED - No Ministry for Men?
The below literature will throw light on already existring illogical,
irrelevant and gender biased laws which have torn apart families and
have made men run pole to post for no reasons.
Another Irony - EVEN TERRORIST LIKE KASAB NEEDS TO BE PROVED GUILTY
BEFORE LAW FOR A CRIME WHICH HE HAS COMITTED IN FRONT OF HUNDRENDS OF
BUT A FAMILY WHO HAS BEEN FALSY IMPLICATED IN 498a NEEDS NO TRIAL, BUT
DIRECT CONVICTION ON THE BASIS OF A STATEMENT MADE BY A FEMALE (WHO IS
A WIFE AND DAUGHTER IN LAW).
IF WOMEN ARE SO TRUTHFULTHEN WHY CAN'T WE PROVE KASAB GUILTY ON
STATEMENT OF A SINGLE LADY PRECISELY " A MARRIED LADY WHO IS A
DAUGHTER IN LAW" PRESENT AT SCENE.
Also the below litreture would throw light on how some Women Activists
are confusing our innocent public with IPC 304B and 498A for their own
personal motives as they want to be centre of attraction and hence
fooling our innocent people on the name of NCW – National Commission
for Women.In the below article you can well establish NCW is just
worried about Daughter In Laws rights but they forget that even Mother
In Laws, Sister In laws and Sisters are also women.
It's a well knitted group of mafia who is into extortion of money on
the name of Law which itself has been termed as "Gender Biased" and
"Legal Terrorism" by honorable Supreme Court.
I hope before giving approval to present form of MARRAIGE
LAWS(AMENDMENT) BILL 2010 you would give due weightage to alraedy
existing laws which have alredy created ruckus and fear in society.
Request you to please give due attention to the below litrature so
that our innocent society can be saved in time from another Gender
Biased and Terrorising Law. Trust that any decision you take would
after reading the below litrature and and this issue will be addressed
correctly and hence you will set an example of genuine unbiased leader
by highlighting the pains and concerns of innocent public who are
being continuiously harassed and threatened by previous illogical and
irresponsible law makes.
Also you can see that these laws are a major threat to family system
of India which forms the basis of out value system and culture. We
request your help by addressing this issue before it eats up our
innocent families like a termite.
Please note that we all oppose the dowry system from the bottom of our
hearts but at the same time we will not appreciate, encourage and bow
down before this mafia. Hence we call our self as "PEOPLE FOR FAMILY
HORMONY OF INDIA"
Unleashing the Truth - Study, Analysis and Findings
Sec 498a of the Indian Penal Code – Endangering Indian Family System
Objective: The Indian Penal Code, 1860 was amended in the year 1983 to
include the provisions of Section 498 A which deals with the
punishment of the husband and his relatives if a married women is
subjected to cruelty which is likely to drive a woman to commit
suicide or cause grave physical or mental injury to her, and
harassment with a view to coercing her or any of her relatives to meet
any unlawful demands of property. The offence is cognizable, non-
bailable and non-compoundable. Hence once a complaint is lodged on the
above mentioned grounds the accused has a lot to bear before he can be
given a clean chit. With the rise in modernisation, education,
financial security and the new found independence the radical feminist
has made 498A a weapon in her hands. Many a hapless husbands and in
laws have become victims of their vengeful daughter-in-laws. Most
cases where Sec 498A is invoked turn out to be false (as repeatedly
accepted by High Courts and Supreme Court in India) as they are mere
blackmail attempts by the wife (or her close relatives) when faced
with a strained marriage. In most cases 498a complaint is followed by
the demand of huge amount of money (extortion) to settle the case out
of the court. My aim is to study the cause and effect relationship
that this section brought about in the matrimonial sphere of the
Scope : The scope of article is to cover Section 498a of the IPC
relating to criminal law in which the wife and her family can charge
any or all of the husband's family of physical or mental cruelty. This
law is unique to India as it not only discriminates based on gender
(man Vs. woman), but also discriminates against women based on their
relationship with the husband. Typically, the charged family members
in these cases include:
• Mostly women of all ages (unmarried, married and pregnant sisters of
the husband, his mother and sisters-in-law, elderly grandmothers and
• Other maternal and paternal relatives and even young children in the
The Report will deal with the ingredients of the section and what must
be essentially proved to convict an accused under this section. I will
also deal with the provisions relating to the cognisable and non-
bailable provisions of this section. The non-bailability provision is
grossly misused by unscrupulous wives who file false complaints
against unsuspecting husbands and her in laws. The police in such
cases register and FIR and forward the chargesheet without proper
investigation in most of the cases. A lot of men have had their lives
ruined because of this drastic section.
I have used the doctrinal method of legal research for this report.
Thus it required an extensive study of the provision along with the
relevant act of the Evidence Act and the Criminal Procedure Code.
Reference to case laws have been made by going through case laws in
relation to this provision.
Main Text :
The Supreme Court of India says, "But by misuse of the provision (IPC
498a – Dowry and Cruelty Law) a new legal terrorism can be unleashed.
The provision is intended to be used a shield and not an assassin's
weapon". Laws originally meant to protect from the dowry menace are
being misused by urban ill-intentioned, unscrupulous women and their
families as "an assassin's weapon" . There is a rapidly escalating
social evil in Indian families, namely the misuse of the Dowry and
Cruelty laws (Criminal Laws), which were originally meant to act "as a
shield" for the protection of harassed women. Nowadays, the educated
urban Indian women have turned the tables. They have discovered
several loopholes in the existing Indian judicial system and are using
the dowry laws to harass all or most of the husband's family that
includes mothers, sisters, sisters-in-law, elderly grandparents,
disabled individuals and even very young children.
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
just based on a single-sentence complaint by the wife. With an
approximately 60,000 such accusations per year, about 200,000 people
are directly affected by these false accusations. The number of such
cases has increased by about 100% in the last 10 years and by more
than 15% in just the last two years. This poorly formulated law is
inviting unscrupulous people to file false cases, and causing the
imprisonment of innocent people without investigation. These innocent
people undergo stigmatization and hardship even before a trial in the
court of law which leads to immense emotional, physical and financial
trauma. Unable to bear the harassment, the loss of reputation and the
social consequences of being implicated in a false criminal case, some
of these falsely accused husbands and their elderly parents are
committing suicide. 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 amendments to the law have been largely ignored.
Unconstrained, this social evil is threatening the foundation of the
Indian Family system. For every complaint filed by a woman, there are
generally twice as many or more women are accused although the married
couple may have never lived with any of the people mentioned in the
Let us look into the general text of the section it reads 498A.
Husband or relative of husband of a woman subjecting her to cruelty.–
Whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for
a term which may extend to three years and shall also be liable to
Explanation.-For the purposes of this section, "cruelty" means-
(a) any wilful conduct which is of such a nature as is likely to drive
the woman to commit suicide or to cause grave injury or danger to
life, limb or health (whether mental or physical) of the woman; or (b)
harassment of the woman where such harassment is with a view to
coercing her or any person related to her to meet any unlawful demand
for any property or valuable security or is on account of failure by
her or any person related to her to meet such demand.
• Cognizable – The accused can be arrested and jailed without warrant
• Non-Compoundable – The complaint cannot be withdrawn by the
• Non-Bailable – The accused must appear in the court to request bail
The accused are presumed guilty, and for all practical purposes, the
burden is on the accused to prove innocence in the courts. The FIR is
typically an imaginary story, running into many pages, with absolutely
no supporting evidence. It typically takes about 7 to 8 years for the
accused to prove their innocence in the courts. Due to the
overwhelmingly large number of false cases, the conviction rate in
these cases is close to zero. The delay in the provision of justice
amounts to the denial of justice. There is no penalty for the misuse
of IPC 498a, and after acquittal of the accused, the courts are
reluctant to entertain defamation and perjury cases against the
falsely testifying witnesses.
We must look into why people misuse the provisions of Sec 498A of the
• Legal Extortion – Get-rich-quick-scheme to extort large amounts of
• Prior Relationship – Wife has a prior relationship, and cannot get
out of it. She marries to satisfy her parents, and then misuses the
498a law in order to obtain a divorce.
• Adultery – Women who indulge in adultery use 498a as a bargaining
• Domination – Wife wants the husband to abandon his parents and
siblings, and have total control over his finances and social
• Custody – Deny the father and his family access to their
• Fraudulent Marriages – in which the bride (and her family) hides her
education level or mental health; and when is justifiably asked to
release the person who has gone into marriage without knowing the full
facts; she files a false 498a case.
The kind of women who are likely to file false 498A cases have certain
typical traits :
• Who is suffering from pre-existing mental problems such as
Borderline Personality Disorder, Bipolar Disorder, Schizophrenia,
• Whose family is nouveau riche and likes ostentatious display of
wealth, possessions as well as social and political connections
• Who is used to living beyond her means
• Whose father is hen-pecked and whose mother dominates all family
• Who listens to and acts in accordance with her parents' wishes at
all times, exhibiting a lack of individuality and discretion in
dealing with her married life
• Who pushes for quick involvement during the establishment of a
marriage alliance, pressing the man and his family for an
• Who is excessively possessive and suspicious
• Who is self-centred and feels the need to dominate the relationship
and every aspect of decision making
• Who tries to alienate her husband from his family and friends
• Who is hypersensitive and therefore easily insulted
• Who indulges in verbal abuse and constant criticism of her husband
• Who uses blackmail (emotional or otherwise) and threats to get her
unreasonable demands fulfilled by her husband and in-laws
• Who walks out on her husband following an argument and stays away
from her husband indefinitely without any effort towards
Today every husband is labelled a torturer and the mother-in-law a
demon. A fair amount of blame for this rests on the media which, with
a view to sensationalize the 'story' blows the news of 'harassment' or
'torture' of married women out of proportions, without properly
investigating the veracity of the story. The news of alleged 'torture,
harassment, and misappropriation of stridhan' of wife by 'A' was
published prominently by a leading city newspaper, accusing several
members of his family torturing her. The concerned reporter never
bothered to verify the allegations with the husband of 'A'. As the
news carried his full name and those of his relatives, designation and
the organization where he was working, it caused irreparable damage to
the entire family's image and hard-earned reputation in almost every
circle they moved. Queries started pouring in following this news.
Depressed as he was, 'A' immediately registered his protest with the
editor. The newspaper did publish his rejoinder, but after a long time
gap and without any apology for publishing an unverified report. One
wonders where this growing tendency of misusing the useful laws by
unscrupulous parties is leading the society. Harassing and victimizing
women for dowry is condemnable. We all have sisters, and daughters,
and undoubtedly they require legal protection from all forms of
harassment and cruelty but what if the legal loopholes of this very
law are misused by women to harass their husbands and in-laws?
The Apex Court has also commented on the possible misuse of this
provision in a number of cases. Right to life and liberty of every
citizen is guaranteed under Article 21 of the Constitution of India.
But this life and liberty can be curtailed if they hinder others' life
and liberty. For that due process of law is necessary. While civil law
determines what is right and what is wrong, the criminal law imposes
penalty to deter.
Section 498A was inserted in the Indian Penal Code in 1984 with a view
to protect women against dowry harassment. From the very beginning of
this law there has been reaction from the society including legal
luminaries that this law could be misused and its effects on the
society would be deleterious. In their judicial observations and
remarks, the courts have expressed deep anguish over this law. Here
are some recent judicial observations.
Way back in 1990 Punjab and Haryana High court observed in Jasbir Kaur
vs. State of Haryana, (1990)2 Rec Cri R 243 case as:
"It is known that an estranged wife will go to any extent to rope in
as many relatives of the husband as possible in a desperate effort to
salvage whatever remains of an estranged marriage."
In Kanaraj vs. State of Punjab, 2000 CriLJ 2993 the apex court
"for the fault of the husband the in-laws or other relatives cannot in
all cases be held to be involved. The acts attributed to such persons
have to be proved beyond reasonable doubt and they cannot be held
responsible by mere conjectures and implications. The tendency to rope
in relatives of the husband as accused has to be curbed"
Karnataka High Court, in the case of State Vs. Srikanth, 2002 CriLJ
3605 observed as:
"Roping in of the whole of the family including brothers and sisters-
in-law has to be depreciated unless there is a specific material
against these persons, it is down right on the part of the police to
include the whole of the family as accused"
Supreme Court, In Mohd. Hoshan vs. State of A.P. 2002 CriLJ 4124 case,
"Whether one spouse has been guilt of cruelty to the other is
essentially a question of fact. The impact of complaints, accusation
or taunts on a person amounting to cruelty depends on various factors
like the sensitivity of the victim concerned, the social background,
the environment, education etc. Further, mental cruelty varies from
person to person depending on the intensity of the sensitivity, degree
of courage and endurance to withstand such cruelty. Each case has to
be decided on its own facts whether mental cruelty is made out"
Delhi high Court, in Savitri Devi vs. Ramesh Chand, 2003 CriLJ 2759
case observed as:
"These provisions were though made with good intentions but the
implementation has left a very bad taste and the move has been counter
productive. There is a growing tendency amongst the women which is
further perpetuated by their parents and relatives to rope in each and
every relative including minors and even school going kids nearer or
distant relatives and in some cases against every person of the family
of the husband whether living away or in other town or abroad and
married, unmarried sisters, sisters-in-law, unmarried brothers,
married uncles and in some cases grand parents or as many as 10 o 15
or even more relatives of the husband."
Punjab and Haryana High Court, in Bhupinder Kaur and others vs. State
of Punjab and others, 2003 CriLJ 3394 case observed as:
"From the reading of the FIR, it is evident that there is no specific
allegation of any act against petitioners Nos.2 and 3, which
constitute offence under s.498-A I.P.C. I am satisfied that these two
persons have been falsely implicated in the present case, who were
minors at the time of marriage and even at the time of lodging the
present FIR. Neither of these two persons was alleged to have been
entrusted with any dowry article nor they alleged to have ever
demanded any dowry article. No specific allegation of demand of dowry,
harassment and beating given to the complainant by the two accused has
been made. The allegations made are vague and general. Moreover, it
cannot be ignored that every member of the family of the husband has
been implicated in the case. The initiation of criminal proceedings
against them in the present case is clearly an abuse of the process of
Jharkhand High Court in Arjun Ram Vs. State of Jharkhand and another,
2004 CriLJ 2989 case observed as:
"In the instant case, it appears that that the criminal case has been
filed, which is manifestly intended with mala fide and ulterior motive
for wreaking vengeance on the accused and with a view to spite him due
to private and personal grudge.
In this connection reliance may be placed upon AIR 1992 SC 604:
Supreme Court, in a relatively recent case, Sushil Kumar Sharma vs.
Union of India and others, JT 2005(6) 266 observed as:
"The object of the provision is prevention of the dowry menace. But as
has been rightly contented by the petitioner that many instances have
come to light where the complaints are not bonafide and have been
filed with oblique motive. In such cases acquittal of the accused does
not in all cases wipe out the ignominy suffered during and prior to
trial. Sometimes adverse media coverage adds to the misery. The
question, therefore, is what remedial measures can be taken to prevent
abuse of the well-intentioned provision. Merely because the provision
is constitutional and intra vires, does not give a licence to
unscrupulous persons to wreck personal vendetta or unleash harassment.
It may, therefore, become necessary for the legislature to find out
ways how the makers of frivolous complaints or allegations can be
appropriately dealt with. Till then the Courts have to take care of
the situation within the existing frame work.
But by misuse of the provision a new legal terrorism can be unleashed.
The provision is intended to be used a shield and not an assassin's
weapon. If cry of "wolf" is made too often as a prank assistance and
protection may not be available when the actual "wolf" appears. There
is no question of investigating agency and Courts casually dealing
with the allegations. They cannot follow any straitjacket formula in
the matters relating to dowry tortures, deaths and cruelty. It cannot
be lost sight of that ultimate objective of every legal system is to
arrive at truth, punish the guilty and protect the innocent. There is
no scope for any pre-conceived notion or view. It is strenuously
argued by the petitioner that the investigating agencies and the
courts start with the presumptions that the accused persons are guilty
and that the complainant is speaking the truth. This is too wide
available and generalized statement. Certain statutory presumptions
are drawn which again are rebuttable. It is to be noted that the role
of the investigating agencies and the courts is that of watch dog and
not of a bloodhound. It should be their effort to see that an innocent
person is not made to suffer on account of unfounded, baseless and
malicious allegations. It is equally undisputable that in many cases
no direct evidence is available and the courts have to act on
circumstantial evidence. While dealing with such cases, the law laid
down relating to circumstantial evidence has to be kept in view."
Justice Malimath Committee on Reforms of Criminal Justice System,
Government of India, Ministry of Home Affairs, 2003 observed the
following and gave the recommendation to amend the law immediately:
"16.4.4 In less tolerant impulsive woman may lodge an FIR even on a
trivial act. The result is that the husband and his family may be
immediately arrested and there may be a suspension or loss of job. The
offence alleged being non-bailable, innocent persons languish in
custody. There may be a claim for maintenance adding fuel to fire, if
the husband cannot pay. She may change her mind and get into the mood
to forget and forgive. The husband may realize the mistakes committed
and come forward to turn a new leaf for a loving and cordial
relationship. The woman may like to seek reconciliation. But this may
not be possible due to the legal obstacles. Even if she wishes to make
amends by withdrawing the complaint, she can not do so as the offence
is non compoundable. The doors for returning to family life stand
closed. She is thus left at the mercy of her natal family.
16.4.5 This section, therefore, helps neither the wife nor the
husband. The offence being non-bailable and non compoundable makes an
innocent person undergo stigmatization and hardship. Heartless
provisions that make the offence non-bailable and non-compoundable
operate against reconciliations. It is therefore necessary to make
this offence (a) bailable and (b) compoundable to give a chance to the
spouses to come together.
(118) The Code may be suitably amended to make the offence under
Section 498 A of the I.P.Code, bailable and compoundable."
These are only a few observations of their lordships from scores which
conclusively prove that:
1. A woman (not necessarily every woman) can be much more cruel than a
man (not necessarily every man).
2. While intending to protect the life of a person, s.498A of IPC
jeopardizes around a dozen innocent persons whether they are children
or old. Hence, the provision is discriminatory and in violation to the
Article 14 of the Constitution of India.
3. Instead of restoring equilibrium, the provision aggravates
disequilibria. Hence, it is not only imbalanced but also there is a
failure of guarantee of right to life under Article 21 of the
Constitution of India.
4. For the reasons stated under conclusions 3 and 4 above the
provision is not only imbalanced but also ultravires. Because of these
maladies the provision needs to be amended at the earliest to protect
the life and liberty of millions of innocent people including children
and old. Prior to that the learned and honourable courts may consider
imposition of heavy penalty as done in case of vexatious PILs. Such
PILs are only vexatious but in the matter of the cases may be false,
mala fide, malicious and revengeful.
What could be the possible alterations in the present system and the
1. Role of Women NGOs: These organizations should investigate
complaint properly without any bias towards the woman keeping in mind
that the law is being misused largely to harass more women in
husband's family. They should not encourage any woman to file a
criminal case against her in-laws for trivial matters. Foreign Women
Organizations should also take responsibility of not allowing false
complaint to be registered against NRI's just to harass and extort
huge amount of money from them. These organizations should also
conduct survey/research on the misuse of the act and should educate
people about its consequences. If these organizations are found to be
assisting in filing false complaints, then they should be made liable
for prosecution in the country where they are functioning.
2. Family Counselling Centres: Numerous cases of men being harassed by
wife or/and in-laws have come to light from different parts of the
country. As of now there is no organization, which can really help
these harassed men and his family members, to listen their side of the
story and put their point of view in front of the government. Need of
the hour is to create family counselling centres across the country to
help those aggrieved families.
3. Time bound Investigation and Trial : A speedy trial of 498(a) cases
will not only ensure justice for the innocents that have been
implicated in false charges, it will also lead to prompt redressal of
the grievances of real dowry victims .The reduction in false cases
will also reduce the burden on judiciary and expedite the processing
of real cases.
4. Definition of Mental Cruelty: Mental cruelty has been vaguely
defined in the act, which leaves scope of misuse. This should be
clearly elaborated to remove loopholes in the law. There should be
provision for men also to file a case for mental cruelty by his wife.
5. Investigation by Civil authorities: The investigation into these
offences be carried out by civil authorities and only after his/her
finding as to the commission of the offence, cognizance should be
taken. The government should create awareness among officers about its
6. Bailable: The main reason of 498a being misused to harass innocent
is its non-bailable nature. This section should be made bailable to
prevent innocent old parents, pregnant sisters, and school going
children from languishing in custody for weeks without any fault of
7. Compoundable: Once FIR has been registered it becomes impossible to
withdraw the case even if wife realizes that she has done a blunder
and wants to come back to her matrimonial home. To save institution of
marriage this should be made compoundable. Moreover, in the scenario
where the couple decides to end the marriage by mutual divorce,
continuation of criminal proceedings hamper their life.
8. Arrest Warrants: Arrest warrant should be issued only against the
main accused and only after cognizance has been taken. Husband family
members should not be arrested.
9. Penalty for making false accusation: Whenever any court comes to
the conclusion that the allegations made regarding commission of
offence under section 498a IPC are unfound, stringent action should be
taken against persons making the allegations. This would discourage
persons from coming to courts with unclean hands and ulterior motives.
Criminal charges should be brought against all authorities that are
collaborating with falsely accusing women and their parental
10. Court Proceedings: Physical appearance of the accused on hearing
should be waved or kept low to avoid hassles in appearing to the
court, especially for NRIs. The court should not ask to surrender
passport of the husband and his family which could cost job of the
husband and his family members.
11. Registration of Marriage and Gifts Exchanged: The registration of
marriages should be made compulsory along with the requirement that
the couple make a joint declaration regarding the gifts exchanged
12. Punish Dowry Givers: If the complainant admits giving dowry in the
complaint, the courts should take cognizance of the same and initiate
proceedings against them under the relevant sections of the Dowry
13. Penalize corrupt Investigation Officers: If it is apparent to the
court that a fair investigation has not been conducted by the
investigation officer, and that the husband
and his family have been charge-sheeted without proper verification of
the complaint, the investigation officer should be penalized for gross
negligence of duty.
14. NRI Issues : Unless they are proven to be guilty after the due
judicial process, NRIs should be a given a fair chance to justice by
assuring them of the following -a) Permission to return to country of
employment b) No impoundment/revocation of passport and no Interpol
Red Corner Notices. c) No unnecessary arrests d) Expeditious
investigation and trial
15. Gender Neutral: Everyone should have equal rights and
responsibilities, irrespective of gender. In the current social
context, there should be similar laws to protect harassed husband and
his family members from an unscrupulous wife.
IPC section 498a was originally designed to protect married women
from being harassed or subjected to cruelty by husbands and/or their
relatives. This law was mainly aimed at curbing dowry harassment.
Unfortunately, this law has been misused to harass men and their
families rather than protect genuine female victims of harassment. The
Supreme Court of India itself has labelled the misuse of section 498a
as "legal terrorism" and stated that "many instances have come to
light where the complaints are not bona fide and have been filed with
an oblique motive. In such cases, acquittal of the accused does not
wipe out the ignominy suffered during and prior to the trial.
Sometimes adverse media coverage adds to the misery." In agreement
with the above statement, the findings of a study conducted by The
Centre for Social Research indicated that 98 percent of the cases
filed under IPC section 498a are false. Nevertheless, the law has been
always justified based on its intention of protecting women. At this
point it would be worthwhile to think about how IPC section 498a has
really affected women.
It has been argued by Government officials favouring the law that
despite the establishment of legal measures to counter harassment of
married women, there is an increase in the number of cases of
harassment. The first part of the statement suggests that women who
are harassed should be utilizing this law as a means of protection. If
harassed women indeed used the law then we should see a decrease in
the number of cases of harassment over time. Considering the stringent
consequences imposed by the law and the inordinate delays inherent in
the legal system, no ordinary citizen, male or female, would be
impudent enough to risk being implicated under this law for the sake
of satisfying their monetary or even sadistic desires for that matter.
The fact is that many women who are actually beaten up and harassed by
their husbands and in-laws rarely file 498a or resort to other dowry
related laws. A lot of them live in rural areas, unaware of the law or
lack the necessary economic and moral support from their natal
families. Going by the conviction rate the proportion of women who
have genuine cases is 2%. Most women who file 498a are from urban
backgrounds and are either capable of fending for themselves or have
enough family support to fall back on. The proportion of women who
belong to this category is 98%. In the 98% of false cases, in every
instance that 1 daughter-in-law files a false complaint at least 2
women (an innocent mother-in-law and sister-in-law) are arrested and
undergo stress, humiliation and harassment in the hands of the
exploitative police, lawyers, staff and officials in Indian courts
before being acquitted several years later. So, in every 100 cases 2
women genuinely benefit, 98 women get away with perjury and extortion,
and at least 196 women suffer needlessly.
The number of cases that are filed in police stations or courts are
the basis for the official statistics of dowry harassment. So, given
that the law allows women unlimited scope to fabricate lies (with no
penalty of perjury) and given that women are encouraged to keep filing
false cases the statistics of "dowry harassment" are bound to rise
while the problem of genuine harassment is left unchecked. So, the
government has, in the name of protection of women, done grave
injustice to two groups of women. The first group constitutes the
genuine victims of dowry harassment whose misery remains unresolved
but is constantly alluded to in order to justify the law. The second
group consists of innocent mothers and sisters of husbands who are
criminalized and harassed by the police and the legal system without
any regard to their age, health or marital status. Pregnant women,
unmarried sisters, ailing mothers and even aged grandmothers have been
sent behind the bars under false allegations but their pain and
suffering has not even been acknowledged leave alone addressed by the
Government. Through IPC section 498a, the Government is actually
protecting those women that indulge in perjury, blackmail, extortion
and harassment of their husbands and inlaws.
Common definitions of terrorism refer only to those violent acts which
are intended to create fear (terror), are perpetrated for an
ideological goal (as opposed to a lone attack), and deliberately
target or disregard the safety of non-combatants (civilians).
Terrorism is defined as political violence in an asymmetrical conflict
that is designed to induce terror and psychic fear (sometimes
indiscriminate) through the violent victimization and destruction of
noncombatant targets (sometimes iconic symbols). Such acts are meant
to send a message from an illicit clandestine organization. The
purpose of terrorism is to exploit the media in order to achieve
maximum attainable publicity as an amplifying force multiplier in
order to influence the targeted audience(s) in order to reach short-
and midterm political goals and/or desired long-term end states."
Terrorist attacks are usually carried out in such a way as to maximize
the severity and length of the psychological Impact Each act of
terrorism is a "performance" devised to have an impact on many large
Section 498A IPC, the most draconian law ever formed to infringe upon
the civil liberties of individuals and rip-apart the family system of
India. This one law wreaks so much havoc on Indian men and their
families that it drives them to suicide.
Every year close to 58000 husbands commit suicide, every nine minutes
a married man ends his life and in the last 12 years 170,000 husbands
have ended their life unable to bear the domestic violence and false
cases from their wives and in-laws.
Section 498A which mandates arrest of innocent persons merely on one
word of complaints without any investigation into the complaint or
corroborate it with evidence. Not only that, even the judiciary uses
the Section to abuse men. Often when the complaint is received,
husband and his family are not given bail.
The Government of India, under the sway of the radical feminists of
India(NCW/WCD), has been arresting over 27,000 women/year of
all ages since 2004. In all these cases, these women, including
nursing mothers, little girls and grandmothers, were arrested without
an investigation into the veracity of the complaints filed. Over
1,30,000 Women Have Been Arrested Under Section 498A Since 2004.
Links to these tables are given below:
· Crime in India 2007
· Crime In India 2006
· Crime In India 2005
· Crime In India 2004
All the Tables are in the following file
http://ncrb.nic.in/cii2008/Statistics2008.pdf [ Page 363 ]
Number of Males and Females arrested in IPC Crimes
27,13,971 male ———-1,68,315 female
Number of Males and Females arrested in SLL Crimes
40,96,743 male ———-1,59,245 female
Total Number of Males and Females arrested in Both Crimes
6810714 male ———-327560 female
Grand Total of all People Arrested: 71,38,274
1. 280 children arrested in 2006 under the draconian laws.
2. As per the NCRB data, more than 80% people arrested under dowry
laws cases have turned out to be innocent. (For example : in 2006 a
total number of 137180 persons were arrested under 498A and out of
those 4812 were not even charge sheet. Out of the 62746 persons who
were charge sheeted – 50,895 i.e. approx 81% were found innocent after
the completion of the trial and the rest are still under trial).
The Indian police know about the abuse of this law as they are the
primary beneficiaries of this extortion racket.
If an arrest is made, the arrested person has to arrange bail to get
out of judicial custody. So if 60% of these arrests are unnecessary or
unjustified, the number of such arrests comes to be 42,82,964, i.e.
around 43 Lakh unjustified arrests.
Assuming a conservative amount of Rs 10,000 / 20,000 needed to pay a
lawyer, bribes etc to secure a bail, the total amount ranges from
4,282 Cr to 8565 Cr. isn't it a illegal bail industry.
Indian Government along National commission for Women (NCW) and their
associated are promoting the same even openly in Media/society/
Parliament, which even Supreme Court of India also termed as "Legal
Terrorist [ ter•ror•ist ]
1.a person, usually a member of a group, who uses or advocates
2.a person who terrorizes or frightens others.[ "It is men's turn to
suffer" – On National television speaking about the Domestic Violence
Act. Renuka Chowdhary Former MP, Former Minister of State (Independent
Charge) for Ministry of Women and Child Development Ref :
This makes Renuka Chowdhary is a TERRORIST and WCD as a Terrorist
Nature of Terrorists :
To avoid detection, a terrorist will look, dress, and behave normally
until executing the assigned mission. Some claim that attempts to
profile terrorists based on personality, physical, or sociological
traits are not useful. The physical and behavioral description of the
terrorist could describe almost any normal person.
These Feminists has very good theme "EMPOWER WOMEN" to conceal their
NCW is openly promoting the Legal Terrorism in this country through
multiple duplications of LAW and violating the Indian constitutions
article 14/20/21 and refuse to show any concern to protect the
constitutional duty to save the lives and property of every citizens
of India in the name of empower women
This is Crimes against humanity, as defined by the Rome Statute of the
International Criminal Court Explanatory Memorandum,"are particularly
odious offences in that they constitute a serious attack on human
dignity or grave humiliation or a degradation of one or more human
beings. They are not isolated or sporadic events, but are part either
of a government
policy (although the perpetrators need not identify themselves with
this policy) or of a wide practice of atrocities tolerated or condoned
by a government or a de facto authority. Murder; extermination;
torture; rape and political, racial, gender or religious persecution
and other inhumane acts reach the threshold of crimes against humanity
only if they are part
of a widespread or systematic practice. Isolated inhumane acts of this
nature may constitute grave infringements of human rights, or
depending on the circumstances, [ Ref : http://en.wikipedia.org/wiki/Crimes_against_humanity
Not only this NCW is found to be misusing its Funds, and not solving
problem of women which these funds are intended to be,These
observations, made by the Controller & Auditor General's(CAG)
inspection report, indicate the malaise that has crept into the NCW.
The inspection found that of the 12,895 cases, 7,509 were taken up. Of
these, only 1,077 were disposed of.
The perpetrators of acts of terrorism can be individuals, groups, or
Those who support it financially.[ A state or a International Body can
sponsor terrorism by funding or harboring a terrorist organization.
Opinions as to which acts of violence by states consist of state-
sponsored terrorism vary widely.
When states provide funding for groups considered by some to be
terrorist, they rarely acknowledge them as such.]
Those who do not condemn this criminal Act.
Those who give refuge and encourage such Act
Those who spread the word of Terrorism (e.g. : media) Media exposure
may be a primary goal of those carrying out terrorism, to expose
issues that would otherwise be ignored by the media. Some consider
this to be manipulation and exploitation of the media. Others consider
terrorism itself to be a symptom of a highly controlled mass media,
which does not otherwise give voice to alternative viewpoints, a view
expressed by Paul Watson who has stated that controlled media is
responsible for terrorism, because "you cannot get your information
across any other way"
These Laws are made by Lawyer collective, which is governed by
Feminists, funded and supported by NCW/WCD to make / draft laws for
NCW/ WCd is the ring leader of all these activities, They Advice
Indian Government on these laws and pressurize them to make Bills and
Acts. And Indian Government without verifying, Even there are reports
of misuse this law Turn blind Eye on such misuse, still they Fund
these Feminists Organizations.
UNO is the Another Sponsorer of these Feminists Organization.
all together its Lawyer collective, NCW, WCD, Indian Government and
Why not charge them in International Criminal Court:
International Criminal Court (ICC) was established in The Hague
(Netherlands) and the Rome Statute provides for the ICC to have
jurisdiction over genocide, crimes against humanity and war crimes.
The definition of what is a "crime against humanity" for ICC
proceedings has significantly broadened from its original legal
definition or that used by the UN, and Article 7 of the treaty
For the purpose of this Statute, "crime against humanity" means any of
the following acts when committed as part of a widespread or
systematic attack directed against any civilian population, with
knowledge of the attack.
(e) Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law;
(h) Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
defined in paragraph 3, or other grounds that are universally
recognized as impermissible under international law, in connection
with any act referred to in this paragraph or any crime within the
jurisdiction of the Court;
(k) Other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical
Conclusion : Those who involved in Terrorism activities and crime
against humanity should be charged in International Criminal Court.
Innocent citizens are Arrested without investigation, Imprisoned,
tortured and Prosecuted with Law made my Lawyer collective, NCW, WCD,
Indian Government and UNO knowingly support it Financially .
1. To bring dowry act, DVA and other gender biased laws under civil
2. To make 498a bailable.
3. To replace the word 'husband' or 'wife' with 'spouse' in all
related laws, so as to ensure equality in law for men & women.
Rational arguments to support our demands:
*Present treatment of dowry and cruelty under criminal laws is not
effective. It is destroying the institution of marriage itself.
*Sending thousands including women and children to custody, even
though almost everyone agrees that most complaints under 498a are
false and 98% result in acquittal.
*Once husband/family have been arrested, the chances of reunion are
very low. Thus, even if a complainant realizes her mistake and wants
to return later, she usually cannot.
*498a is a potent weapon, which is often misused by women to wreak
havoc on husband?s family and by police to make money.
*These laws have not served the purpose of protecting women, as
because of a complaint by one irrational woman, several women in in-
laws family are put to extreme suffering.
*It will reduce workload on the criminal courts and thus help in
speedy trial for all. Government itself and various others are trying
to achieve this.
*Protect our privacy by stopping intrusion of police in our homes/
domestic affairs. Almost all civilized societies domestic disputes are
covered by civil laws.
*Fear of arrest is biggest weapon in hands of police, which they often
misuse to earn extra
How SMART AND INTELLIGENT our gender biased law makers are.
The Honorable Indian Minister for home affairs was asked the below
questions on abuse of the dowry law . Before we even go into the
questions and the home minister's answer , we need to know that the
home minister along with his wife are both very learned and eminent
lawyers and understand the Intricacies' of marital and dowry laws
better than anyone else. The home minister's wife was also involved in
the High profile 498a case of Tamil Actor Prashant in 2007.
As always the home minister plays the tried and tested trick of
confusing dowry harassment law ( section 498a) with dowry death.
( section 304B) . Below is the extract of the conversation from Lok
sabha documents .
Fifteenth Series, Vol. VIII, Fourth Session, 2010/1931 (Saka)
No. 15, Tuesday, March 16, 2010/ Phalguna 25, 1931 (Saka)
Page 10 , Date 16.03.2010
SHRI PRASANTA KUMAR MAJUMDAR : Madam Speaker, every four minutes in
India an innocent person, including the old parents and close
relatives, is facing false dowry cases and sent behind the jail under
Section 489D which is non-bailable without any investigation and
inquiry. No inquiry is required because the case is non-bailable. Only
the statements of bridegroom's family are taken into consideration.
MADAM SPEAKER: Please ask the question.
SHRI PRASANTA KUMAR MAJUMDAR : The Law Commission and many judges have
recommended making the Section bailable but the Government did not do
MADAM SPEAKER: Hon. Member please ask the question.
SHRI PRASANTA KUMAR MAJUMDAR : I want to know whether the Government
has any proposal to make the case bailable or not. If it is bailable,
please give details and if not, why?
SHRI P. CHIDAMBARAM: I think I have already answered the question in
part. I do not subscribe to the proposition that in most cases of
dowry deaths, the provision is misused. That is not true. I gave you
the numbers of cases that were registered in the last three years.
Look at the number of people convicted. In 2006, 5144; in 2007, 5580
and in 2008, 5814 persons have been convicted. It may be true that in
a few cases, indiscriminately, people may have been arrested and there
may be some harassment but that is not true of the large number of
cases. Therefore, we have advised the police that where a dowry death
case is registered, they must exercise their discretion and arrest
only those who appear in the investigation to be directly connected
with the dowry deaths and not the extended family.
That advisory has been given. But I think on balance this provision is
a salutary provision; a new offence has been created; people have to
be punished when they kill young wives. If in a particular case there
is an excess, there is a court system which will correct it. But to
go, as I said, from one position to an extreme position and say there
is massive misuse of this provision, Madam, with great respect, I beg
How the legally educated home minister dodges the question
1) Section 498A and Section 304B are as different as chalk and
cheese . 498A is the law that is invoked when a woman "claims" that
she was harassed . This is the law that is most misused since it has
got arrest on demand provisions and no investigations or evidence is
needed .Looking at the severity of the misuse the supreme court of
India has called the misuse of section 498a as "Legal Terrorism".
Section 304B is invoked when it is proved that a woman has been killed
because to dowry .Section 304B requires a lot more evidence and proof
and misuse is difficult since it is a life and death question. The
honorable Lok Sabha member had clearly asked the Home Minister if
section 498A needs to be amended due to its misuse and if not why ?
2) It does not take a legal degree to see that the Indian home
minister very cleverly dodges the question on amending 498a and
replies on why section 304B is must not be amended instead. He says "
I do not subscribe to the proposition that in most cases of dowry
deaths(a.k.a section 304B, not 498A), the provision is misused. That
is not true. I gave you the numbers of cases that were registered in
the last three years. Look at the number of people convicted."
Honorable home minister , why are you answering if 304B is being
misused or not when the question clearly asks if 498A is being
The Home Minister the proceeds to state numbers for section 304B when
the question asked was completely related to section 498A .
This is tried and tested trick that many feminists use when asked if
498a needs to be amended. They immediately switch the conversation
from 498A to 304B and justify the existence of 498A because of a crime
which comes under section 304B. , which is exactly what our lawyer
Home Minister did here . For the nonlegal professional who does not
understand the difference between section 498A and section 304B the
answer of the Home Minister will sound totally credible .
3) Also notice that the Home Minister also quotes not the "number of
convictions" under section 304B ( which is firstly irrelevant to begin
with since question was on 498A ) but the "number of people" convicted
under it. This was done since the number of cases and convictions
under section 304B are too less to portray any serious threat of dowry
death .Considering that single conviction results in 4 people getting
jailed then the total number of conviction would be no more than
1500 .The Home Minister knows this and hence quotes the "number of
people" getting convicted and not the number of "convictions". Being
an eminent lawyer himself he should have known better.
How committed the Indian government really is for eradicating dowry?
1) The WCD has not spent a single Rupee on stopping dowry exchanges
and extravagant marraiges ,while Pakistan has started the one dish law
to eradicate extravagant marraiges in their country.
2) Instead of stopping dowry the government is openly encouraging
dowry loans. Government owned State Banks create loans specifically
for paying marraige expenses of women and paying dowry.The state bank
of Hyderabad Kanya Vivah Suvidha Scheme is one such example of how
Dowry loans are openly available from Government banks.
3) The Home Minister dodges questions on 498A abuse and gives a
totally irrelevant answer related to section 304B.
Hope the bove litrature would have provided an insight into the
"Misuse and exploitation of gaps left during making and amending a
On Behalf of SIFF (Save Indian Family Foundation http://www.saveindianfamily.org)
I request you to please save our society from a constant FAMILY EATING
THREAT and facilitating another weapon in hands of VAMPS. Our
expectation is that you would give due attention by genuinly
addressing below mentioned views in the present bill.
The present form of Bill completely excludes the possibility that a
woman can also be a cause of any sort of marital discord and that
financial hardship can also be faced by the husband. It also does not
provide any relief to the husband from the false and frivolous cases
that he would have to fight for years on end with even after the wife
is granted a divorce.
Section 13D is unconstitutional and must be amended
Section 13D of the amendment has been copied from law commission's
recommendation in 1978, but it does not hold well in 2010 and must be
suitability amended. Section 13D in the current form of the bill
states the below
13D. (1) Where the wife is the respondent to a petition for the
dissolution of marriage by a decree of divorce under section 13C, she
may oppose the grant of a decree on the ground that the dissolution of
the marriage will result in grave financial hardship to her and that
it would in all the circumstances be wrong to dissolve the marriage.
Adverse repercussions of current proposed form section 13D
This section would lead to widespread misuse of this Bill, as then the
husband will having to satisfy the financial hardship condition will
essentially be forced to 'buy' a divorce all the while , while the
wife not having to satisfy any such condition can choose to walk out
of the marriage , at her whims and fancies. With increased empowerment
of Indian women there are many families in India today where husbands
have assumed responsibilities of the household and wives are the
primary bread earners. This bill will discriminate against these
husbands should their wives petition for divorce. Also in many
households husbands become unemployed, ill, handicapped or infirm and
should a wife choose to abandon and divorce a husband under these
circumstances the husband would have no legal recourse to seek
adequate compensation from the wife on the grounds of financial
The current concept of gender neutrality like that of Section 24 of
the Hindu Marriage Act which takes into consideration that both, the
husband and the wife can face financial hardship has been totally
ignored in this Bill, specially in
Recommendation 1 : Protection under section 13D must be extended to
"13D. (1) The respondent to a petition for the dissolution of marriage
by a decree of divorce under section 13C, may oppose the grant of a
decree on the ground that the dissolution of the marriage will result
in grave financial hardship to them and that it would in all the
circumstances be wrong to dissolve the marriage."
Recommendation 2 : Objective definition of the word " Financial
The word "financial hardship" must be clearly defined because
otherwise this will lead to a subjective interpretation of this term
and will ultimately turn into a tool for extortion and will be used to
block a divorce till the unreasonable financial demands of the
respondent are fulfilled. In simple words the term "Financial
Hardship" will be misused just like term "Cruelty" is misused in
section 498a and DV act due to lack of objective definition. It must
also be clearly and objectively specified as to what liabilities the
petitioner of a divorce petition must fulfill to satisfy the
condition. The tenure of the marriage and the relative capability of
the respondent must also be spelled out while determining "Financial
Also there must be a predefined upper limit on the time and amount
that can be paid to satisfy this condition. Financial hardship terms
must be defined based on the living standard of the nation and not on
the unreasonable demands of the respondent. The ministry can learn the
objective and mathematical implementation of divorce from the Laws
from the US where in the state the Texas for example alimony cannot be
sought if the marriage is not more than 10 years old. Even when is
granted alimony amount cannot exceed one 1/3 the income of the payer
or at the most $2500, whichever is lesser. Also alimony is tax
deductible on the payer and taxable on the receiver.
Recommendation 3: Child custody and visitation rights should also be
decided while granting divorce
Child custody and visitation rights should also be decided before
divorce, while deciding maintenance of the child under this Bill.
Recommendation 4: Condition of finishing all pending litigation before
divorce is granted
The proposed law has been copied from the 71th report of the law
commission published 1978. However laws like 498a and DV Act came into
existence in 1983 and 2006, hence quashing of such cases against
husband and his family were not in consideration at that time. The law
commission never even considered the wide spread abuse of sections
like 498a and DV and the resulting family destruction that they cause
today. Unlike the west in India a divorce case is normally accompanied
by some genuine real but mostly frivolous cases namely, unreasonable
maintenance demands, child custody, 498a, adultery, domestic violence,
IPC Sec 506 and many more. Most of the times multiple maintenance
cases, 498a and DV are all filed together to harass the husbands and
his family members and to extort money through nefarious means. In
cases where the wife is petitioner for divorce and where she may also
be guilty of adultery, or crime against the husband and his family or
misuses the other gender biased legislations like 498a and DV, she can
easily choose to just walk away from the divorce without having to
satisfy any conditions whatsoever. In other words the husband will
have absolutely no defence and will be stuck with court cases running
for years on end while the wife can happily get the divorce as she
In the case of Swati Verma vs. Rajan Verma reported in (2004) 1 SCC
honorable Supreme Court of India was cognizant of the same concern
when it averred. " Having perused the records placed before us we are
satisfied that the marriage between the parties has broken down
irretrievably and with a view to restore good relationship and to put
a quietus to all litigations between the parties and not to leave any
room for future litigation, so that they may live peacefully
In the case of Naveen Kohli vs. Neelu Kohli (AIR 2006 SC 1675), the
Supreme Court recommended to the Union of India to seriously consider
bringing an amendment in the Hindu Marriage Act, 1955 to incorporate
irretrievable breakdown of marriage as a ground for divorce. The
essence of the above case was large number of criminal cases were
pending against each other. So in essence if either party initiates
criminal cases against each other then it should be considered an
ground for divorce. If the current law comes into being in the present
format, this will lead to the wife walking out with the divorce while
the husband will still be stuck in a legal tangle of cases for many
Hence I recommend that an amendment be inserted that decree of divorce
be granted only when all litigation including but not limited to child
custody between the husband and the wife has been resolved to the
satisfaction of either of the parties, with the post condition that no
party will initiate any other litigation against each other once the
divorce decree has been granted. This will not only allow either allow
the parties to separate and start their lives peacefully , but will
also allow the reduction of the tremendous judicial burden of false
and frivolous litigation that is pending in the Indian courts .
We request your due attention and concrete steps to stop this
injustice of gender biased laws & mess before it's too late and
innocent family members start reciporcating and paying back to this
"Legal Terrorism & Legalised Money Extortion Business".
For additional information on the discussed agenda and stories of
ailing innocent family members you can refer to:
All India Men's Welfare Association (AIMWA) <http://aimwa.in>
Truth resides in every human heart, and one has to search for it there, and to be guided by truth as one sees it. But no one has a right to coerce others to act according to his own view of truth. - Mohandas Gandhi
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