http://oasiskerala.wordpress.com/September 29th, 2010 § Leave a Comment
Courtesy: SIFF
The above quotation may sound ambiguous and paradoxical to the reader
in its initial stage, but a deeper thought into it, contemplation and
a thorough study about it might prove the truth of it. The society is
totally unaware of the real facts behind the so called "The Protective
Wife-Centric Laws". They have become, "Destructive" laws" for the
husband, his family, the Indian society and mankind as a whole.
The statistics given below proves this fact.
70,000 marital cases per year.
Average alimony of Rs. 20 Lacs.
Rs. 14, 000 crores business shared by the police, the lawyers and the
judges.
Why will the Government, the Home – Ministry and the Law-Makers make
amendments in this money – making illustrious industry which
flourishes well with a lavish income to all government departments? It
reduces the load of the government exchequer as well as it does not
require the government to bother about the pay of its employees in
various departments as each one is getting more than the actual salary
by these "other sources of income" which is seldom questioned by any
authorities. Cases of poor people are seldom registered as no income
is made in such cases. The police and the lawyers like to take cases
of the well-to do and affluent families from where money can be
extorted regularly. One may just visit a court and he finds the
lawyers asking for any case. It may be noted here that the Karnataka
Home Ministry has declared that "Section 498A is working well".
Ironically it is working well for all the corrupted departments of the
government as they are minting money from this whopping industry of
corruption and mal-practices.
Average no. of cases filed against a husband.
498A.
Domestic Violence Act.
125 CrPC, maintenance case, including other cases from where the wife
takes maintenance simultaneously.
Child-Custody.
Divorce.
All these cases can be filed by the wife in courts in the same city or
different cities to harass the husband and his family. Any marital
dispute when taken to the police station by the disgruntled wife
either to gain personal scores or to revenge the in-laws becomes a
source of income for the police. For a few thousand rupees a false
case is registered without any proper documents or any investigation
only on a verbal complaint from a wife or a daughter-in-law
(DIL).without any proofs or evidences. The husband and his family are
not allowed to speak up a word in their defense and the whole family
(husband, father, mother, brother, sister, the aged parents and the
children) are put behind bars.
Then comes "Bail" part where the lawyers and the judiciary play a
meaty role. The lawyers extort a huge amount from the distraught
husband and his family on the pretext of getting bail orders from the
judiciary where the proceedings go on without any "transparency".
The ordeal of the innocent husband and his family does not end
here .It is just the beginning. One after another cases are filed
against him and his family. He is burdened with not only the tension
of running his family but also bear the fees of the various cases and
the lawyers, the maintenance orders passed by the court to the
disgruntled wife and even the expenses of travels if the cases are
filed in other cities which is generally done by wives to harass him
further.
The "Fear Factor" plays a vital role in the whole horrific drama. The
police terrorise the innocent family of husband with dire consequences
and extort money. The lawyers go a step further by consoling the
distort family that he is the "Savior" and they should rely on him
totally. Thus he too cuffs up a huge amount as fees from the husband
and drags the case.
Then comes the role of the judiciary. Even though at the initial stage
when it is evident that it is a false and "open and shut" case the
judges give date after date and harass the husband and family for
years. The innocent husband is advised to make settlements in the form
of monetary compensation to the adulterous wife. The whole system
including the police, the lawyers, and the judiciary act as "Brokers"
and are the "Benefactors" in this money-making industry which is
termed as "Protective Marital laws" by the law makers.
The NCW chair-person Dr. Girija Vyas has taken up the cause of the
honor killing of Nirupama Pathak of Jharkhand who is supposedly killed
by her own family. This case would have covertly been transferred into
a "Dowry death", had it been in the in-laws home. Would Dr Girija Vyas
then stand up for the women in the husband's family (mothers and
sisters)? May be not, as they have no place in the women's ministry.
Although the government is aware of the random "misuse" of the laws
like Section 498A, Domestic Violence, Maintenance laws, Child custody
and Divorce but is reluctant to make any changes in these laws which
are so "profitable" for the whole system.
Approximately 48% of the cases filed in the courts are of "Marital
disputes". Hence no one wants to lose the share of booty from this
money-making industry. The tax-paying husband and his family become
total "bakras" at the behest of this whole system whose salaries are
paid from the tax given by the hard-earned money of these innocent
husbands
The recent case of Mohammed Ajmal Aamir Kasav is an example of the
speedy disposal of such a severe case of which the judiciary should
take a lesson. It is disgusting that the judges take years to decide
"petty marital cases".
The demand of the present day is to bring "Transparency" in the court
proceedings and to grant "Justice" to the innocent husband and his
family. Marital disputes should not go to the police stations but to
family courts and marriage counselors who are properly trained in
these matters. These disputes should be settled in a limited "time
frame" and not dragged unnecessarily for years. Punishments for filing
false cases should be severe and in accordance with law so as to check
the misuse. Compensation should be granted to the aggrieved and
harassed family of the husband if the case proves to be false.
The Family Breaking Laws
The laws meant for the protection of women (read wife) are formulated
on the recommendations of the Feminists, the NCW and WCD Ministry
which are one-sided, biased and detrimental to family life. Since
these laws have many loopholes they are "misused" by young women to
harass the in-laws. Once a family matter goes to police-stations and
courts, there is no scope of reconciliation which ultimately results
in breaking of families. Does the Indian Government want a "Family-
less-society" like the US for the future generations?
The Responsibility of the Media
The media being a very powerful means of reaching to the masses should
bear certain responsibilities. Why do the media try to increase the
TRP by showing one-sided stories of women being harassed by the in-
laws? The media should refrain from using derogatory and resentful
language for the husbands and in-laws. The current misuse of laws by
wives and daughter-in-law is known to every one, why the media does
not take up the responsibility of high-lighting these issues which can
also prove to be an effective method to increase the TRP too which is
the hot current issue these days?
Hence there should be no further delay by any government system as
well as media to bring the "Wanted Change" in the society. Or else the
police may rather arrest the husband and his family and put them
behind bars as no investigation is done nor evidences considered
either by the police or the courts, only the verbal complaints made by
the woman and her relatives is considered as the "gospel truth". Let
the government start a "Jail Bharo Andolan" where the husband and his
family can spend their life at the expense of the state treasury, as
the famous saying "Justice delayed is justice denied" is very true for
the victimized and innocent husband and his family.
Section 498a IPC was made for a good cause to protect the dowry
harassment against the innocent women and their family in the rural
India. However, this is perhaps the most misused section of the IPC by
the urban females to literally extort money. My family and I were
victimized under this law on a 101% fabricated case; so do enormous
families around India and those living overseas. The section is
indeed unperceptive in various angles, however, the overwhelming
corruption has made the hidden plans to harass the innocents possible.
Also, the congnizable nature of this section helps the petitionar to
harass the accused though the case is proven falsified end of the day
and can easy easily get away with no penalty or imprisonment. Just
around 2% is the national conviction rate under this section that
shows the magnitude of abuse.
A seriously meticulous contemplation on this law is highly inevitable
and a serious revamp of the law enforcement system who're at those who
pay them, not to protect the citizens impartially.
--
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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