National Crisis:Families in Extreme Distress:IPC498a Misuse
(contributed by Pendyala , SIF Member, and member of a mauled-by-498a NRI family)
We've read umpteen number of stories of exploited daughters-in-law in Indian newspapers. It is high time that the news media covered the sufferings of other women of the society: mothers and sisters. More and more mothers and sisters are being victimized by the abuse of anti-dowry laws, as can be seen from a few news items in the old issues of your own newspaper.
If anyone of the readers still wonders why a daugher-in-law would abuse the laws, she should google for 498a: There are THOUSANDS of highly talented young men wasting their lives, stuck in false dowry cases. Old parents are committing suicides, unable to take the humiliation and police harrassment. Innocent sisters, brothers, and other kith and kin and their family members are being dragged into the false cases, arrested without enquiry or notice.
Families are torn apart. Old parents of NRIs cannot see their children for years until the case is settled, while the sadist cruel bride enjoys to hearts content. Still the government doesn't act.
498a is probably the only law in the world where the accused is presumed to be guilty without even any investigation or enquiry or witnesses. It has so ruthlessly trampled upon human dignity and human rights. Still the government doesn't act!!
One probably needs to get into the shoes of the victims to understand the pain and see who is behind the garb of these modern "brides harassed for dowry". These conniving brides seem to be dangerously smart in words and deeds. Otherwise, they cannot get support of so many people for so many years to harass the innocent husband's family, based on an utterly false complaint. Even the victim husbands cannot see through their designs until the police wakes them up from sleep one morning.
Law is like a weapon, which protects the innocent. Just like misusing a weapon is many times devastating than breaking it, misuse of laws deserves many times severe punishment than breaking the laws. Legislation already seems to provide for punishment for misuse of laws. Why then is that we don't see people who misuse laws, at least those who do it this blatantly, being
punished? What will deter others from misusing laws?
Our constitution protects our right to a dignified life and our pursuit for happiness. Any law or
procedure that works against this fundamental principle of governance would be ultra vires. The legal framework should support innocents like the Ambatis from day one and discourage miscreants who try to ruin their dignity and peace of mind.
I am appealing to all the people, particularly those who are part of the legal establishment of the country to strongly discourage these fraudulent brides. By filing a false complaint, they are affecting the credibility of the women who are genuine victims, thereby depriving them of appropriate recourse provided by the law. For every one woman filing a typical false complaint there are at least two women accused: husband's mother and sister. Statistics may show that there are more women who are traumatized for life because of the false 498a complaints than the genuine victims who benefited from it.
Our forefathers have already provided sections in the penal code to help prosecute fraudulent complainants. I earnestly request the authorities to use the sections effectively to discourage and punish the miscreants to deter others with similar bent of mind. These fraudulent, cruel, sadistic brides are an utter disgrace to womanhood and should not deserve any sympathy from
anyone. Crime does not have a gender anyway.
As the ancient saying goes, "Dharmo rakshati rakshitaha," meaning, if you protect dharma now, it will protect you and your progeny in future.
So, here is my earnest request to one and all to do their might in preserving justice before it becomes hard for them and their progeny to find it when they need it. Let not the misuse of
anti-dowry laws ruin the unit of civilization and the social fabric: the family.
Pendyala
4 comments:
Anonymous said...
How an NRI in fear of arrest due to misuse of 498A going to attend any meeting in India in first place? Will be like placing the head in the lion's mouth!!! So have such meetings in UK and USA also where people feel many victims are or give some sort of guarantee for NRI's return after the meeting to attend to his duties back in UK and USA. This matter is as bad as that and I am sorry to say this in 2006. With all due respect for India but NRI's life is also valuable. Thanx UK guy.
498A Section should not be a nightmare. The reason it is so is because as we read here, the police arrest the husband and the family upon the lady's first complain and then the case starts. The lady in question can complain to the police and then the police have to tell her to hire a lawyer to fight the case. The idea seems that the lady likes to harrase the husband and his family and this can be done so easily as she does not have to lift a stick or hire a gunda as the police do that job for her and so the police are guilty here and they should firstly be taken to the court and then the husband. Come on police we have to see you as god figure. Please dont lose your chance to get moksha doing your duty. As clearly it is the police harrasing and not the husband in many cases. So is there a 498A/Police to go legally against the police? These cases will almost get very small in number if this police illegal decision is put to check. Come on police we have to see you as god figure. People are clearly not scared of a letter from the lady's lawyer as they have the time and the money to fight back with the proof we see here. But how they do this and specially from abroad as they have the fear of being arrested in the first place? If one tries to be a Gandhi in 2006 India, he/she gets a bullet bit too quick and seems from the law itself. Wah!!! UK Guy
Anonymous said...
NRI lost interest and respect for the place when recently got into this trap. Previously was visiting India regularly and also contrubuted at places of need. Totally innocent but now even scared to place information here with name and address.....simply because you never know what can happen. My life is valued by me and dont want it ruined by some thugs when such law exists in India. Can we please have more Gandhis from the politicians of India? Gandhi opened this employment.....that is Official Indian Politics. So let us give something in return to HIM please. UK Guy.
Sat Nov 04, 02:20:55 AM 2006
Anonymous said...
Indians
SOME VERY IMPRESSIVE FACTS ABOUT INDIANS IN USA !!!
There are 3.22 Million Indians in America
38% of Doctors in America are Indians.
12% of Scientists in America are Indians.
36% of NASA employees are Indians.
34% of MICROSOFT employees are Indians
28% of IBM employees are Indians
17% of INTEL employees are Indians
13% of XEROX employees are Indians
23% of Indian Community in America is having Green-Card'
Above information from an email
So why they went to USA in the first place?
Why so many more still want to go to USA and UK in 2006?
WAKE UP INDIA.
Sat Nov 04, 02:21:34 AM 2006
Anonymous said...
Why they left India?..... Because many of them might be children of the leaders and the rich in India and prefer to live in the west.
Sat Nov 04, 02:21:56 AM 2006
Anonymous said...
Reading all this about the misuse of law and in particular misuse of 498A, I have a suggestion for NRI. Go to India for a holiday. Like now, don’t get involved with politics and business there in India. By now after many years abroad, you have got this title of being a NRI. Most likely you are born abroad. So be a NRI. They used to say when you marry a lady, the 2 families also get married. The problems get sorted out by the 2 families. But remember now…..REMEMBER…..NRI guy not only marries an Indian lady from India but also marries the India police, who are the first ones to arrest you before you are found guilty. Why we blame the law? The law is there. The people who put the law in place are the ones to take the responsibility. So why marry a lady from India in the first place? There are plenty of Indian ladies abroad also where you now live. The Indian lady from India will find it difficult to adjust to the life abroad…..in particular UK and then will blame you and they have the additional police force in India who they can rely on to lock you up next time you are in India or can call you to India by arresting your family member in India, if you have any there. Why marry one and try to see if she adjusts to the life in UK. Why take this risk as she has the Indian police on her side to even ruin your future visits to India. Be safe where you belong and serve that country. You are a NRI and be a NRI. Yes, visit India, see the place, enjoy the Darshans at religious places, enjoy the food and get out after that, back to where you belong. Sorry India this is happening now after personal experience. I am giving my points only about this one problem in India. It is up to others and India herself to address other issues. UK guy.
Sat Nov 04, 02:22:40 AM 2006
nice words dharmo rakshati rakshitah thanx for sharing with us
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