Missing facts about DV Act and Anti Dowry Law : Statistics about indian men
Dear Sir(s)/Madam(s)
FACTS AND FIGURES
Whenever women organist ions are talking about number of FIR’s u/s 498a (Anti Dowry Law), these organizations very ‘smartly HIDE” the fact about the FALSE CASES. A report said that ONLY 2% cases are genuine under this section and 98% cases are FALSE. Here we need to understand and accept the truth about DOWRY LAW MISUSE.
It mentions: “Close to five crore women in India suffer from violence in their homes and only 0.1 per cent of them ever pick up the courage to report the abuse, reveals a new study, Section 498A, IPC : “Used or Misused?” conducted by the Delhi-based Centre for Social Research.
The study released here on August 30, 2005 sought to analyze whether 498A – a section that aims to protect women from being subjected to cruelty from husband or other relatives – is being used or misused. It found that out of 100 cases ordered for investigation under 498A, only in two cases the accused got convicted.”
It mentions: Ajaib Singh, head of the Women and Child Support Unit, says 70 per cent of the 1,000-odd cases that they receive every year pertain to dowry, but only 20 per cent of these are genuine. ‘‘It is unfortunate that more and more people are misusing the stringent provisions of the law out of sheer spite.’’
‘‘People generally make use this law to facilitate a divorce. And often, it’s the lawyers who advise the women to implicate their in-laws under the provisions of this Act,’’ says Shantosh Singh, chairperson of Women Welfare Counselling Cell at Sector 17.
A police officer narrated the case of a woman who had slapped a dowry case against her husband and in-laws only because she wanted the family house to be in her name.
Lawyers also admit that the stringent laws against the dowry are misused to a great extent,‘‘There are only 10 per cent cases based on truth, and people usually come to us and ask specifically to mention the element of dowry in their divorce petitions,’’ says Amrikh Singh Kalra, advocate at Punjab and Haryana High Court.
‘‘Most of the cases are fabricated and the element of dowry is exaggerated in them. Basically women want to have a quick solution to their problems and the laws against dowry provide the easiest way out,’’ says advocate Amarjit Singh Jattana.
3. (Pls refer: http://cities.expressindia.com/fullstory.php?newsid=169738)
It mentions: Mahila Thana Station Officer Vijay Laxmi Pandey says, ‘‘In most cases, it begins with an ego problem which finally leads to a threat of dowry complaint. We try our best to solve these cases by providing a non-police station like atmosphere to counsel the couples.’’
According to lawyer Rohit Kant, ‘‘The Section 498 A (3/4) Dowry Protection Act and 406 of Indian Penal Code are the two Sections which come handy in filing complaints against husbands. The vice-a-versa doesn’t work.’’
INDIAN JUDICIARY WARNS ABOUT THIS MISUSE
Hon’ble Supreme Court of India, has already warned Indian society about this misuse and termed it as “LEGAL TERRORISM”.
It mentions: The Supreme Court today warned that misuse of anti-dowry laws could unleash a “new legal terrorism”.
“Merely because the provisions are constitutional? that does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment,” the bench said.
The object of the laws are “to strike at the root of the dowry menace” and the “provision is intended to be used as a shield and not an assassin’s weapon, it said. If people cry “wolf” too often as a prank, assistance and protection may not be available when the actual “wolf” appears”, the court cautioned.
“The object of the provision is prevention of the dowry menace. But many instances have come to light where the complaints are not bonafide and have been filed with an oblique motive. In such cases, acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Some times, adverse media coverage adds to the misery,” the judges said
Hon’ble High Court also looked worried about this misuse
It mentions:
(Para 23) For instance it is the experience of this court that in offences under Sections 498A/406 IPC which are much abused provisions and exploited by the police and the victims to the level of absurdity and are of such nature which can be investigated without arrest and do not fall under the aforesaid category viz. being of highest magnitude and prescribing severest punishment or minimum punishment, every relative of husband, close or distant, old or minor is arrested by the police. By arresting such relatives whose arrest may not be necessary for completing the investigation as it can be completed by recording the statement of victim, her parents and other witnesses, police assumes the role of breaker of homes and not the maker as once any relative of the husband is sent to jail, the marriage ends for all practical purposes and divorce and other miseries are bound to follow. Unless the allegations are of very serious nature and highest magnitude arrest should always be avoided.
(Para 24) In this court everyday ten to twenty matters for quashing the FIRs under Sections 498A/406 IPC are taken up as all marriages end in divorce where relatives of husband or other are sent to jail. Unfortunately, sufferers are young girls between the ages 20 to 28 years. Very few cases end up in full trial and conviction. These are the offences whose deterrence has proved worse than remedy.
(Para 25) It was in view of this malady that this Court had strongly recommended to make the offence under Section 498A IPC bailable and compoundable if society wants to salvage and save the institution of marriage. This Court again reiterate its recommendations to the Government.
World Health Organization (WHO) WARNS
The World Health Organization (WHO) mentioned ELDER ABUSE by MISUSE of Dowry law.
(Pls refer: http://www.saveindianfamily.org/blogs/2005/06/26/elder-abuse-in-india
And http://www.who.int/hpr/ageing/MissingVoices.pdf)It mentions: "In india there is a law that in intended to protect the daughter-in-law from abusive in-laws. A daughter in law can go to the police station and lay a complaint that she is being abused by her in-laws, and the in-laws are arrested on her word alone. However the focus group participants reported that some daughters-in-law are using this law as a form of elder abuse,by making false police reports. In general, participants stressed that the lack of caring attitude by daughters-in-law was a major problem. (India)"
MEDIA WARNS
For your reference: Various TV Programmes aired by various reputed TV channels are available at http://www.498a.org/video.htm
it mentions: Marital disputes are fast becoming a popular way to rake in the moolah and legally at that. Legal eagles in the city claim that the abla nari now is the one laughing all the way to the bank.
Confirming the trend, lawyers at family courts say they are seeing a rise in cases where economically independent women are exploring ways to make the most of their failed marriages.
Says Ranjana Dixit, advocate and president of the American Library Bar Association (Family Courts), "A large number of cases coming to us are of women seeking maintenance despite not being entitled to the same.
The law clearly states that if a woman is economically independent, she cannot demand financial help from her husband. But that does not deter women from making quick money through marital disputes.
With marriage laws titled in the women's favour, it's not difficult either. An added advantage is the ignorance of the husband and his family about their own rights."...
Is says: The participants, while decrying the demand or acceptance of dowry, pointed out recent instances where sections 498A, 406 and 304B of the Indian Penal Code were abused by the brides’ relatives to harass the entire family of the groom.
Once a complaint is lodged under section 498A/406 IPC, whether with vague, unspecific or exaggerated allegations, it becomes an easy tool for harassment of the other party. "Make section 498A bailable", read a placard while another said: "Rishton ko Tootne Se Bachao, Dahej Kanoon Mein Badlav Lao (save relationships from breaking, change dowry laws)."
It mentions: A growing number of women are misusing anti-dowry provisions to harass their husbands.
The law has rebounded in a way never anticipated by legislators. Says K.C. Jain, an advocate who's dealt with over 300 matrimonial cases: "It's supposed to protect women, but nowadays, the law is being used against the husband and his family."
Women's organisations feel that a woman resorts to 498A only when she finds all avenues of justice closed. "Sometimes," says Padma Seth, adviser to the National Commission for Women, "a woman is left with no other way to make her appeal heard." By law, Priya is entitled to half her husband's estate. It's a claim that could take a couple of decades to settle in the normal course. Whisper "dowry harassment" and things move fast: arrests are made, summons are sent by the police and reputations torn apart. If the complaint is dismissed, the woman is back to square one. She has nothing to lose. Often, lawyers egg on their clients to use this section to get a better settlement; fix errant husbands; send taunting mothers-in-law scurrying for cover; get leverage for the custody of children; demand property rights. "You have to bolster laws relating to women to avoid this," says Geeta Luthra, another advocate.
Advocate Kamini Jaiswal warns that with cases such as these surfacing, the patience of the judges is running out, and it is the genuine victims who will suffer eventually. But then, adultery laws too are discriminatory. Adultery is punishable by imprisonment but only when the husband files a complaint. The wife has no corresponding right -- not surprising, since most laws on matrimonial matters were framed in the 19th century and no one has bothered to update them. Maintenance is another matter that has women activists grinding their teeth. Under Section 125 of the CRPC, a Hindu woman is entitled to a maximum of Rs 500 a month. Custody of children often goes to the father. The concept of marital rape is non-existent and often even reports of domestic violence, which come under the general provisions of the IPC, are not taken seriously. Says Nivedita M.V. Monga, project officer with the Multiple Action Research Group: "Even the police tend to say, 'Yeh to ghar ki baat hai (This is a family matter)'."
(Pls refer: http://crm.ncmonline.com/news/view_article.html?article_id=99efd9853a5a5168e4dadb8b633bf1a7)
It mentions: It is a simple procedure to file a 498A complaint, and the police must follow up on the complaint, notes Peco Chakravatru, an NRI online columnist, “Filing a 498A is as easy as ordering an idli sambar. Actually, it is easier — the proprietor could refuse to give you an idli sambar but the police cannot refuse.”
Abuse of anti-dowry laws has become serious enough that the United States Department of State has published the following travel warning on its Web site, http://travel.state.gov, about “Dowry/Visa Demands” for travelers to India:
It mentions: According to K.C. Dwivedi, deputy commissioner of police of the Crime Against Women Cell, some married couples hatch a plan to harass and threaten the husband's parents in order to get a share of the wealth and also to force the elderly parents to live separately.
Kiran Walia, chairperson of the Delhi Commission of Women, a government body, said: 'It is shameful and disgraceful that children are using the anti-dowry law against their own parents.'
Sachit Dalal of the Save Indian Family Foundation, an NGO, said there were many cases of the anti-dowry law being misused by people. 'These cases are just some more examples.'
The list of the news and articles lists are endless.
A couple of such links are also available at www.498a.org/news
SUICIDE RATES ARE HIGH AMONG MEN
The news magazine ‘Frontline express’ published Suicide Statistics.
Whenever women organist ions and Indian society talking about suicide by women, they HIDE the suicide rate of men. SUICIDE RATE OF MEN IS QUITE HIGH AS COMPARED TO WOMEN, Then how come EVERY WOMEN SUICIDE IS ASSUMED AS “DOWRY DEATH” and all the family members are arrested WITHOUT ANY INVESTIGATION and EVERY MEN SUICIDE IS NOT EVEN PROSECUTED. Why don’t we arrest the in-laws of husband if they harass the husband?
US GOVT WARNS
1. Whenever we talk about NRI marriage fraud, why DON’T WE TALK ABOUT Dowry law misuse? Even the US govt. realized the problem of Dowry law misuse in India and they have also displayed a travel warning on their website, then why don’t we Indians accept it. (for details pls read: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html)
It mentions: A number of U.S.-citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American’s passport, and he must remain in India until the case has been settled. There are also cases of U.S.-citizen women of Indian descent whose families force them against their will into marriages to Indian nationals.
Copy marked to :
1 Hon’ble Prime Minister of India.
2 Hon’ble President Of India.
3 Hon’ble Ministers and Members of parliament
5 Some of the top police officers of india
6 News agencies and media agencies
8 Purushakk
9 Protect Indian Family
10 National Commission of Women (NCW) and women welfare organisations and NGO's.
11 Various activists who are opposing the MISUSE of LAWS by women.
Thanks & Regards
Sachit Dalal
New Delhi
Sachit Dalal
My favourite website :
www.mynation.net
Read latest News at www.mynation.net/mynews
Report Dowry Abuse here : http://mynation.net/demand
Report Dowry Law Misuse : http://mynation.net/db
Disclamer : These are my personal views.Your views could be different.
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