In an ego-shattering exercise “harassed husbands” are out “demanding justice”,
says GEETA PADMANABHAN
In a televised Pune rally, Financial Analyst Dhaval Kadakia claimed his wife hit him if he refused to do household chores. Salim Bootwala, an entrepreneur said, “I divorced my wife in 1997. In 2006 she filed a case of dowry against me. The judge did not hear my case nor lookat the documents. On the basis of her complaint, I was sent to jail for four days.” P.R. Gokul wrote, “I am the victim, we are being harassed, you need to know the oppressors to believe me.”
In an ego-shattering exercise, “harassed husbands” are out “demanding justice”. Their main enemy is not the wife, not her greedy parents or conniving relatives. It is the legally recognised, constitutionally valid “monster” called Section 498A, IPC. Why? “Section 498A is the most vicious weapon in the hands of those who decide to be vindictive,” said Kalpana Murari, a divorce lawyer. “Under the Dowry Prohibition Act, the wife, relative of the victim or a welfare organisation could lodge a complaint against the husband and his family. This could put the family behind bars for 15 days.” The burden of proving his innocence is on the accused.
How these men fight is a lesson in “approach strategy”. They write blogs. They start websites and message boards. They have a forum. They hold meetings, training sessions and rallies. They go to the media. They listen, educate and inform. They send out fliers. They’ve set up helplines, use the RTI to gather information on convictions. They provide legal assistance. And they quote the Sushil Kumar Sharma vs Union of India case.
Supreme Court judges deciding this case felt 498A was being misused, “giving license to the unscrupulous to unleash harassment and wreak personal vendetta.” They said, “The provision was intended to be used as a shield and not as an assassin’s weapon.” In such cases, acquittal did not “wipe out the ignominy suffered during or prior to the trial.” The court asked legislatures to find ways to deal with the misuse, and the investigating agencies to function as “a watchdog and not as a bloodhound.”
“No investigation or warrant is needed before arrest and start of proceedings since the crime u/s 498A is cognisable and there is no punishment if the complaint is proved false - two major reasons why 498A is used as a pressure-tactic,” said P.R. Gokul who heads a Yahoo group of “victims-of-law” that calls itself SIFF (Save Indian Family Foundation). “Now SIFF is a registered entity, with a membership of over 50,000 people and over 20 NGOs,” he said.
Raksha, a Hyderabad-based outfit counsels men who consider suicide as an alternative for a bad relationship. “A lot of married men are desperate for help,” said Raksha president C.V.L. Narasimha Rao in an interview. Amitabh Das Gupta, President, Pune Chapter of Protect Indian Family Foundation wants “the existing laws amended to give enough powers to men.”
Not likely to happen soon. “Change this law? No way!” said lawyer Sudha Ramalingam firmly. “Section 498A came after a great battle to protect women battered within the walls of her husband’s home. Subjecting a wife to cruelty was not seen as injustice. Now bringing the culprits to book is unjust or a means of breaking the family!” She dismisses the argument of an innocent husband and his relatives being harassed by the abuse of this law as exaggeration. “Only after a preliminary inquiry is a prima-facie case made, FIR registered and the law set in motion. There are provisions for seeking anticipatory bail and proving their innocence to get acquitted.”
S. 498A is a handy tool for shady practices, men argue. Among them are [1] Pre-marital affairs. Marry the guy of parents’ choice, dissolve the marriage, collect funds and marry the old flame. [2] Extra marital relationship. [3] Extortion, serially, one marriage after another. [4] To alienate husband from his responsibilities toward his old and dependent parents [5] To obtain a favourable divorce settlement [6] To wrest child custody from the husband.
Sudha concedes that the law perhaps has teething problems. S.498A and the “Prevention of Women from Domestic Violence Act is needed today more than ever as women are getting educated and earning well but are helpless in their homes. If men treat their wives with dignity and equality there is nothing for them to fear.” Ah, then “Why is it that only men with high socio-economic profiles become victims of 498A?” asked Suresh, an entrepreneur. “Easy targets, better yield.” The World Health Organisation has explicitly cited the misuse of anti-dowry law by daughters-in-law as one of the primary reasons for elder abuse in India. Clinical psychologist Devdas suggests pre-nuptial agreements. “At some point, men will decide that a live-in relationship is better than a bash-in one,” he warned.
It’s stupid to talk of retribution. No one wants families to suffer. Discussing differences without malice may help resolve them. But you can’t help shaking your head while letting out a deep sigh. When will women learn to network so efficiently and mount a systematic campaign on and off the web?
Fact File
The number of cases under section IPC 498A registered in 2005: 58,319, cases dismissed at charge-sheet level: 10,491 (18 per cent), cases charge-sheeted on face value of complaint: 47,828 (82 per cent), cases where the accused were acquitted: 24,127 (41 per cent), convicted: 5,739 (9.8 per cent). For these 58,319 registered cases, 1,34,757 people underwent arrest under 498A and Dowry Prohibition Act.
Helpline for Harassed Husbands 9868142607, 9868142608, 9810170681
Join SIF yahoogroup, get answers..
"
Showing posts with label elder abuse. Show all posts
Showing posts with label elder abuse. Show all posts
Tuesday, April 29, 2008
Thursday, April 17, 2008
Caught in a vise- Article about SIF in Harmony Magazine
Just as there are helpless women being tortured for dowry by their in-laws, there are silvers being harassed on false charges of seeking dowry and cruel behaviour. Rajashree Balaram presents the other side of the story
In March 2003, the Committee on Reforms of the Criminal Justice System set up by the Ministry of Home Affairs, chaired by Justice V S Malimath, suggested amendments to Section 498 A of the Indian Penal Code (IPC) on the plea that it was being misused. Section 498 A is a criminal law under which a woman and her parental family can charge the woman’s husband and any or all of his family members, including elderly parents and minor-aged siblings of physical or mental cruelty. Anyone charged with Section 498 A is liable to be arrested by the police without any initial investigation.
To analyse whether Section 498 A was actually being misused as indicated in the Malimath Committee Report, the Centre for Social Research (CSR) in Delhi conducted a survey across Delhi, Karnataka, Rajasthan and West Bengal. What emerged out of one-on-one interviews and focus group discussions — involving victims, accused, families of both sides, police, lawyers, judges and NGOs — was a grim picture of oppression and manipulation. On the one hand, nearly 50 million Indian women were found cowering under statistics of domestic violence. On the other, 6.5 per cent of the cases studied were proven to be false. Just as there are helpless women being tortured for dowry by their in-laws, there are silvers who are being harassed on false charges of seeking dowry, mental harassment and cruel behaviour. Many innocent elderly citizens are being dragged into court unscrupulously by their daughters-in-law and their families under allegations of Section 498 A, Section 3 & 4 of the Dowry Prohibition Act and Section 406 of the IPC — Breach of Trust, which refers to non-return of the gifts and jewellery given by the woman’s parents and relatives during the wedding.
Although preliminary investigation is required after the registration of the First Information Report (FIR), arrest warrants are issued without examining whether family members are actually abusive or have been falsely implicated. What might be merely a case of mutual incompatibility or clash of ego between the couple sometimes ends up being portrayed as collective abuse of a woman by her in-laws. Elderly parents are more vulnerable to being arrested and put in jail even before the trial begins. As most men in India continue to live with their parents even after marriage, parents are often accused of poisoning the minds of their sons against their daughters-in-law, and are therefore usually held influential in causing mental and physical harassment.
Section 498 A is cognisable (accused can be arrested without warrant), non-compoundable (complaint cannot be withdrawn by the petitioner) and non-bailable (accused must appear in court to request bail). The World Health Organisation has even reported that legal abuse of the elderly in India is among the highest in the world along with Lebanon. Alongside, it states that dowry laws in India are being used as a weapon for ruthless abuse of the elderly (Source: http://www.who.int/ageing/projects/elder_abuse/alc_ea_ind.pdf)
A Right to Information application directed to the Ministry of Home Affairs in 2005 revealed some shocking figures. In 2005, among the 58,319 dowry cases that were registered, 10,491 cases were not charge-sheeted because they were based on frivolous grounds. In the same year, 134,757 people underwent arrest for 58,319 complaints under Section 498 A and Dowry Prohibition Act. Among these, 4,744 people who were accused were above 60 years of age and arrested without any verification of the veracity of the complaint. (Source: Ministry of Home Affairs, RTI No. 24013/20/2006-SC/ST-W)
The lengthy trials for cases booked under Section 498 A can go beyond seven years and drive many families to yield to extortion, blackmail and compromise through hefty out-of-court settlements. As most silvers are not aware of the complexities of the legal machinery, they are also vulnerable to being misguided by corrupt elements in the judiciary and end up running from pillar to post. There have been instances where men and their old parents have committed suicide owing to the humiliation and public mudslinging that inevitably follows a single night spent in police custody.
Experts cite many reasons as possible triggers for misuse of gender-biased laws: speedy divorce and settlement of alimony; deep-seated insecurity prompting the woman to alienate her spouse from his family; an easy way to dissolve a marriage that was against the woman’s wishes. Often, cases are also motivated by financial greed or a desire to settle scores following a clash of ego between the couple. As the menace gains larger proportions, support groups are springing up all over the country to raise their voice against it. Most of them are led by people who have been victims earlier. Harmony meets four such groups.
MAN CELL, Delhi Even the caller tone of R P Chugh’s mobile phone is a loud proclamation of his 25-year long crusade. Try calling this Supreme Court advocate on his mobile phone and it trills the song Mujhe meri biwi se bachao (save me from my wife). A man who has suffered badly at the hands of his own wife, Chugh has spent more than two decades defending men from false claims of domestic violence and dowry harassment. The flamboyant advocate remembers his formative years when he grew up with Marxist ideologies and worked for women’s emancipation. Chugh admits to almost turning into a misogynist after he suffered from severe harassment from his wife in his first marriage. “Almost 87 per cent of the women in Tihar jail have been booked under Section 498 A, many of them old women, who have been accused of torture and cruelty without any trial,” says Chugh. He agrees that laws against dowry harassment and domestic violence are necessary in our society where millions of women do suffer submissively. But he also feels that fair amendments are urgently required otherwise “these laws will be rampantly used to victimise an innocent man for heavy compensation or simply harassment or blackmail.”
SANGYABALYA, Bengaluru Arun Murthy, 47, a freelance writer, established this forum for harassed husbands and their parents in June 2003. He was driven by his own experience when he was summoned to court in a false dowry harassment case filed by his brother’s wife four years ago. An arrest warrant was issued against Murthy and his family. Later, he wrote an article in a local newspaper venting his anguish and decided to start a help line to reach out to other people caught in similar situations. Within three days, he received over 600 calls. His friends — two architects — lent him space in their office and telephone accessibility two hours twice a week. Within three months, Sangyabalya was registered as an NGO with its own dedicated 24-hour helpline. Today the group attends to over 25-30 calls every month. A significant number of callers are NRIs. “The notion that NRIs would be more vulnerable to parting with money under duress make them easy targets,” says Murthy. Sangyabalya has 250 members, including an advocate and a counsellor, who meet every fortnight to share grievances, and discuss legal loopholes and ways to overcome them.
“What rankles is that no punitive action is taken against a woman, even when her allegations are proved to be false,” says Murthy. He emphasises that even the Supreme Court has labelled the misuse of Section 498 A as “legal terrorism” and admitted that “many 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.”
“Many families turn bitter under the twin assault — loss of employment and unfair allegations,” says Murthy. “The stigma attached to being in police custody can wipe out employment opportunities and can lead the man and his family to severe financial despair.” He has a three-pronged approach to the issue: suggesting correct legal measures to counter the charges; providing a platform where they can share their woes; and campaigning for the rights of the victims. “Sangyabalya offers them a chance to share, learn and heal,” says Murthy.
PROTECT INDIAN FAMILY, Mumbai These days, M R Gupta, 55, spends most of his time poring through heavy tomes on Indian law. The civil engineer is appearing for his LLB exams because he wants to be fully empowered when he fights his daughter-in-law who has filed false allegations of harassment against Gupta’s family under Section 498 A. He is the director of Protect Indian Family, an offshoot of Save Indian Family — an international network of NGOs and individuals for victims of misuse of gender-biased laws.
Gupta shares his crusade with P R Gokul, 34, the other director of Protect Indian Family forum and a past victim of false charges of dowry harassment. Gupta and Gokul meet coordinators and members every Saturday at Gupta’s cybercafé in Mulund, Mumbai. The forum took shape when Gokul expressed his views in an online chat group while he was fighting the allegations against him. Today Protect Indian Family has 200 members in Mumbai and branches in Delhi, Kolkata, Chennai, Bangalore, Hyderabad and Jaipur. Gokul still remembers the plight of his own parents who were jailed without investigation.
“There are many helpless old couples who approach us,” says Gokul. He has observed that silvers feel guilty and responsible about their sons’ plight as, often, they have arranged the match. According to him, the couple should have the freedom to explore their emotional and mental compatibility before marriage. As a case study, Gokul points out a case where a man and his widowed mother lost possession of their own house when they were falsely charged with mental harassment and domestic violence.
SAHANA, Hyderabad At a recent conference on the misuse of gender-biased laws, a young woman confessed that she had framed her husband’s family falsely under charges of dowry harassment. When asked for her motive she simply said that she had done it on the behest of her parents who wanted her husband to come and stay with them. “The woman wanted to know how she could extricate her in-laws from the shackles of law but she didn’t know that the damage was already done,” says Durga Prasad Kollu, a 30 year-old IT professional and the president of Sahana, a Hyderabad-based support group that had organised the conference. Sahana has over 100 members. Most of them meet every Sunday to discuss the correct legal action for victims and to offer a sounding board.
In 2005, when Kollu was posted in Switzerland, he was summoned to India on false charges of dowry harassment filed by his sister-in-law against his family. The case still drags on and Kollu says his brother, who was earlier an IT engineer, has become a recluse, drained of all his money. Sahana has help lines in Ahmedabad, Bengaluru, Chennai, Delhi, Jaipur, Kanpur, Kerala, Kolkata, Mumbai, Nasik, Pune, and in the US. It receives about four to five calls every week. Almost 55 per cent of the callers are parents of victims. Besides campaigning for better legislative measures, Kollu likes to try a refreshing approach to reduce their agony. Recently, he took members on a trip to Nagarjunasagar Fall.
Sahana: 09848280354, http://www.sahanaindia.org/; Sangyabalya: 09845715737; Protect Indian Family: 09224335577 http://www.protectindianfamily.org/; Man Cell: 011 27491446, http://www.mancell.i8.com/
Featured in Harmony Magazine, January 2008
In March 2003, the Committee on Reforms of the Criminal Justice System set up by the Ministry of Home Affairs, chaired by Justice V S Malimath, suggested amendments to Section 498 A of the Indian Penal Code (IPC) on the plea that it was being misused. Section 498 A is a criminal law under which a woman and her parental family can charge the woman’s husband and any or all of his family members, including elderly parents and minor-aged siblings of physical or mental cruelty. Anyone charged with Section 498 A is liable to be arrested by the police without any initial investigation.
To analyse whether Section 498 A was actually being misused as indicated in the Malimath Committee Report, the Centre for Social Research (CSR) in Delhi conducted a survey across Delhi, Karnataka, Rajasthan and West Bengal. What emerged out of one-on-one interviews and focus group discussions — involving victims, accused, families of both sides, police, lawyers, judges and NGOs — was a grim picture of oppression and manipulation. On the one hand, nearly 50 million Indian women were found cowering under statistics of domestic violence. On the other, 6.5 per cent of the cases studied were proven to be false. Just as there are helpless women being tortured for dowry by their in-laws, there are silvers who are being harassed on false charges of seeking dowry, mental harassment and cruel behaviour. Many innocent elderly citizens are being dragged into court unscrupulously by their daughters-in-law and their families under allegations of Section 498 A, Section 3 & 4 of the Dowry Prohibition Act and Section 406 of the IPC — Breach of Trust, which refers to non-return of the gifts and jewellery given by the woman’s parents and relatives during the wedding.
Although preliminary investigation is required after the registration of the First Information Report (FIR), arrest warrants are issued without examining whether family members are actually abusive or have been falsely implicated. What might be merely a case of mutual incompatibility or clash of ego between the couple sometimes ends up being portrayed as collective abuse of a woman by her in-laws. Elderly parents are more vulnerable to being arrested and put in jail even before the trial begins. As most men in India continue to live with their parents even after marriage, parents are often accused of poisoning the minds of their sons against their daughters-in-law, and are therefore usually held influential in causing mental and physical harassment.
Section 498 A is cognisable (accused can be arrested without warrant), non-compoundable (complaint cannot be withdrawn by the petitioner) and non-bailable (accused must appear in court to request bail). The World Health Organisation has even reported that legal abuse of the elderly in India is among the highest in the world along with Lebanon. Alongside, it states that dowry laws in India are being used as a weapon for ruthless abuse of the elderly (Source: http://www.who.int/ageing/projects/elder_abuse/alc_ea_ind.pdf)
A Right to Information application directed to the Ministry of Home Affairs in 2005 revealed some shocking figures. In 2005, among the 58,319 dowry cases that were registered, 10,491 cases were not charge-sheeted because they were based on frivolous grounds. In the same year, 134,757 people underwent arrest for 58,319 complaints under Section 498 A and Dowry Prohibition Act. Among these, 4,744 people who were accused were above 60 years of age and arrested without any verification of the veracity of the complaint. (Source: Ministry of Home Affairs, RTI No. 24013/20/2006-SC/ST-W)
The lengthy trials for cases booked under Section 498 A can go beyond seven years and drive many families to yield to extortion, blackmail and compromise through hefty out-of-court settlements. As most silvers are not aware of the complexities of the legal machinery, they are also vulnerable to being misguided by corrupt elements in the judiciary and end up running from pillar to post. There have been instances where men and their old parents have committed suicide owing to the humiliation and public mudslinging that inevitably follows a single night spent in police custody.
Experts cite many reasons as possible triggers for misuse of gender-biased laws: speedy divorce and settlement of alimony; deep-seated insecurity prompting the woman to alienate her spouse from his family; an easy way to dissolve a marriage that was against the woman’s wishes. Often, cases are also motivated by financial greed or a desire to settle scores following a clash of ego between the couple. As the menace gains larger proportions, support groups are springing up all over the country to raise their voice against it. Most of them are led by people who have been victims earlier. Harmony meets four such groups.
MAN CELL, Delhi Even the caller tone of R P Chugh’s mobile phone is a loud proclamation of his 25-year long crusade. Try calling this Supreme Court advocate on his mobile phone and it trills the song Mujhe meri biwi se bachao (save me from my wife). A man who has suffered badly at the hands of his own wife, Chugh has spent more than two decades defending men from false claims of domestic violence and dowry harassment. The flamboyant advocate remembers his formative years when he grew up with Marxist ideologies and worked for women’s emancipation. Chugh admits to almost turning into a misogynist after he suffered from severe harassment from his wife in his first marriage. “Almost 87 per cent of the women in Tihar jail have been booked under Section 498 A, many of them old women, who have been accused of torture and cruelty without any trial,” says Chugh. He agrees that laws against dowry harassment and domestic violence are necessary in our society where millions of women do suffer submissively. But he also feels that fair amendments are urgently required otherwise “these laws will be rampantly used to victimise an innocent man for heavy compensation or simply harassment or blackmail.”
SANGYABALYA, Bengaluru Arun Murthy, 47, a freelance writer, established this forum for harassed husbands and their parents in June 2003. He was driven by his own experience when he was summoned to court in a false dowry harassment case filed by his brother’s wife four years ago. An arrest warrant was issued against Murthy and his family. Later, he wrote an article in a local newspaper venting his anguish and decided to start a help line to reach out to other people caught in similar situations. Within three days, he received over 600 calls. His friends — two architects — lent him space in their office and telephone accessibility two hours twice a week. Within three months, Sangyabalya was registered as an NGO with its own dedicated 24-hour helpline. Today the group attends to over 25-30 calls every month. A significant number of callers are NRIs. “The notion that NRIs would be more vulnerable to parting with money under duress make them easy targets,” says Murthy. Sangyabalya has 250 members, including an advocate and a counsellor, who meet every fortnight to share grievances, and discuss legal loopholes and ways to overcome them.
“What rankles is that no punitive action is taken against a woman, even when her allegations are proved to be false,” says Murthy. He emphasises that even the Supreme Court has labelled the misuse of Section 498 A as “legal terrorism” and admitted that “many 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.”
“Many families turn bitter under the twin assault — loss of employment and unfair allegations,” says Murthy. “The stigma attached to being in police custody can wipe out employment opportunities and can lead the man and his family to severe financial despair.” He has a three-pronged approach to the issue: suggesting correct legal measures to counter the charges; providing a platform where they can share their woes; and campaigning for the rights of the victims. “Sangyabalya offers them a chance to share, learn and heal,” says Murthy.
PROTECT INDIAN FAMILY, Mumbai These days, M R Gupta, 55, spends most of his time poring through heavy tomes on Indian law. The civil engineer is appearing for his LLB exams because he wants to be fully empowered when he fights his daughter-in-law who has filed false allegations of harassment against Gupta’s family under Section 498 A. He is the director of Protect Indian Family, an offshoot of Save Indian Family — an international network of NGOs and individuals for victims of misuse of gender-biased laws.
Gupta shares his crusade with P R Gokul, 34, the other director of Protect Indian Family forum and a past victim of false charges of dowry harassment. Gupta and Gokul meet coordinators and members every Saturday at Gupta’s cybercafé in Mulund, Mumbai. The forum took shape when Gokul expressed his views in an online chat group while he was fighting the allegations against him. Today Protect Indian Family has 200 members in Mumbai and branches in Delhi, Kolkata, Chennai, Bangalore, Hyderabad and Jaipur. Gokul still remembers the plight of his own parents who were jailed without investigation.
“There are many helpless old couples who approach us,” says Gokul. He has observed that silvers feel guilty and responsible about their sons’ plight as, often, they have arranged the match. According to him, the couple should have the freedom to explore their emotional and mental compatibility before marriage. As a case study, Gokul points out a case where a man and his widowed mother lost possession of their own house when they were falsely charged with mental harassment and domestic violence.
SAHANA, Hyderabad At a recent conference on the misuse of gender-biased laws, a young woman confessed that she had framed her husband’s family falsely under charges of dowry harassment. When asked for her motive she simply said that she had done it on the behest of her parents who wanted her husband to come and stay with them. “The woman wanted to know how she could extricate her in-laws from the shackles of law but she didn’t know that the damage was already done,” says Durga Prasad Kollu, a 30 year-old IT professional and the president of Sahana, a Hyderabad-based support group that had organised the conference. Sahana has over 100 members. Most of them meet every Sunday to discuss the correct legal action for victims and to offer a sounding board.
In 2005, when Kollu was posted in Switzerland, he was summoned to India on false charges of dowry harassment filed by his sister-in-law against his family. The case still drags on and Kollu says his brother, who was earlier an IT engineer, has become a recluse, drained of all his money. Sahana has help lines in Ahmedabad, Bengaluru, Chennai, Delhi, Jaipur, Kanpur, Kerala, Kolkata, Mumbai, Nasik, Pune, and in the US. It receives about four to five calls every week. Almost 55 per cent of the callers are parents of victims. Besides campaigning for better legislative measures, Kollu likes to try a refreshing approach to reduce their agony. Recently, he took members on a trip to Nagarjunasagar Fall.
Sahana: 09848280354, http://www.sahanaindia.org/; Sangyabalya: 09845715737; Protect Indian Family: 09224335577 http://www.protectindianfamily.org/; Man Cell: 011 27491446, http://www.mancell.i8.com/
Featured in Harmony Magazine, January 2008
Saturday, July 29, 2006
Please report on Misuse of IPC section 498a: Indian families languishing in perpetual distress and injustice
Messers,
I was reading some of your articles which exposed a lot of everyday injustices , when it occurred to me that I should request you to study and report the misuse of the Indian Anti Dowry and Harassment laws(DP Act and section 498a of IPC(Indian Penal Code)), which is ruining many NRI lives along with citizens living in India. Please also download a Booklet( its a bit heavy to send by email) giving details about this misuse, in 'pdf' file format: 498a Research Report submitted to Judges and MOIA Minister Shri Vayalar Ravi (12 MB) . Anyway I am attaching 2 brief reports on the 498a Misuse with this email.
You can read more about IPC 498a misuse and our petitions and awareness efforts at http://www.498a.org/publicity.htm . News in media about cruelty by women/false cases: http://www.498a.org/news.htm
I am appending below my letter to the Commissioner of Police, Mumbai, about the rampant misuse of the IPC section 498a, which is self explanatory. I would request you to take up reporting on this and expose the truth, which I along with the 1100 plus members of Save Indian family foundation yahoogroup: http://groups.yahoo.com/group/saveindianfamily/ , would vouch is destructing families along with its women, and senior citizens hampering our nations progress itself.
The societal disintegration would be worst if we do not put a check on this somehow, so I would urge your good office to take up this subject with utmost interest and report the facts.
The below letter can be found in my blog too( http://cruiserdeep.blogspot.com/2006/01/i-had-posted-below-petition-at-sites.html ), in case you wish to give this matter(which's quite lengthy) in print editions. See the article "NRI grooms tortured and fleeced by Indian brides(SPECIAL)": http://www.dailyindia.com/show/44895.php/NRI_grooms_tortured_and_fleeced_by_Indian_brides(SPECIAL). Here is my letter to the President of India regarding misuse of 498a: http://cruiserdeep.blogspot.com/2006/06/i-had-written-to-president-at.html
We are a group of victims(that includes our family members: father, mother, sister, brother, etc. who are accused in a typical false 498a case by a law-misusing wife) who are members of Save Indian Family yahoo group, and its local chapters as appearing below, you all could join any of the relevant groups of your choice and monitor the discussion and get to know better of the realities regarding misuse of IPC 498a. While joining any of the groups do specify that you are a Journalist, since many of our groups are quite strict on getting the details of the new entrants.
Main group: http://groups.yahoo.com/group/saveindianfamily
Local Chapters:
http://groups.yahoo.com/group/sif-mumbai
http://groups.yahoo.com/group/sif-karnataka/
http://groups.yahoo.com/group/sif-pune/
http://groups.yahoo.com/group/sif-andhrapradesh/
http://groups.yahoo.com/group/sif-punjab/join
http://groups.yahoo.com/group/sif-up/
http://groups.yahoo.com/group/sif-mp/
http://groups.yahoo.com/group/sif-assam/
http://groups.yahoo.com/group/sif-bengal/
http://groups.yahoo.com/group/sif-uk/
http://groups.yahoo.com/group/sif-middleeast/
http://groups.yahoo.com/group/sif-delhi
http://groups.yahoo.com/group/SIF-US/
http://groups.yahoo.com/group/SIF-TamilNadu/
http://groups.yahoo.com/group/sif-orissa/
Warm Regards
P.R.Gokul
http://gokul.go.to , http://cruiserdeep.blogspot.com/
Tele/Fax : +91 22 25614188(Bombay, Res), +91 9821414336
Join SIF Mumbai Chapter: http://groups.yahoo.com/group/sif-mumbai/join
http://mynation.net
http://www.498a.org
http://www.saveindianfamily.org
http://groups.yahoo.com/group/saveindianfamily
24-hour All India Helpline Number:+91-9243473794
Volunteer Helpline Numbers(send SMS if unavailable)
Delhi : 9871734980, 9810611534, 9911119113
Chandigarh: 9888562582
Bangalore : 80-55334135
Mumbai : 9224335577
Jaipur : 9352562456
emails: help@498a.org , info@mynation.net , mail@saveindianfamily.com, help@asha-kiran.com
See ongoing awareness campaigns: http://at498a.blogspot.com/, to post to this blog send email to cruiserdeep.498a@blogger.com
************Letter to CP, Mumbai************
From,
P.R.Gokul
B-102, Matoshrikripa C.H.S, Bhandup(east), Mumbai-400042
Tele/Fax : +91 22 25614188(Bombay, Res), +91 9821414336
To,
The Commissioner of Police, Mumbai
(and Other personnel in I.P.S)
Subject : Misuse of IPC section 498a, resulting misery for Indian families.
Messer’s,
This is to report rampant misuse of Anti Harassment/Cruelty(Domestic violence) laws in India(the concerned section in Indian penal code is section 498a). The potency of misuse is much since the Police doesn't need any other supporting evidence or witness other than the wife's statement/complaint, to straight away arrest the Husband and his relatives (Whoever is named in the wife's complaint), since it is a cognisable crime, following which is an ordeal of long drawn and wasteful legal proceedings for the Husband (in this law he is Guilty until proved innocent!, unlike any other law, anywhere else).
As you might be aware of this misuse yourselves, I would, on behalf of other victims of this misuse also, appeal to all police personnel to treat the complaints u/s IPC 498a with some restraint and empathy. This is in the same lines as supreme courts judgment, cited below, where SC has appealed its courts to exercise restraint till legislature finds way to deal with Makers of frivolous complaints, when S.C ruled: "Till then the courts have to take care of the situation within the existing framework". The excerpt from this judgment is shown below:
The supreme court judgment(in the writ number 141 of 2005) acknowledges that there is rampant misuse of 498a. Especially when Supreme Court of India acknowledges that misuse of 498A is on the rise, and has hinted that the legislature may have to find ways to deal with misusers of 498A, terming this trend as Legal Terrorism. And implicitly directing other indian courts by saying "Till then the courts have to take care of the situation within the existing framework.
The excerpt of this judgment, regarding misuse of 498a, in writ petition No.141 of 2005 of Supreme Court(full judgement also can be found at http://www.pariwariksuraksha.org/WP141.htm and http://at498a.blogspot.com/2008/05/sc-citation-for-legal-terrorism-writ.html) is reproduced below:
*************** Excerpt of the Supreme Court Judgment ***************
“The object of provision is prevention of the dowry menace. But as has been rightly contented by the petitioner, 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 the abuse of well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a license to unscrupulous person 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 framework. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not as 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 investigation 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 courts start with the presumption that 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 investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally indisputable 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.”
The above S.C ruling clearly shows that the judiciary is silently trying to do its best to avoid IPC section 498a being used as a weapon in the hands of assailants, we are sure that the Police force too will follow the same attitude towards 498a accusations, which are found to be false in more than 75% of all the reported cases(and actual conviction rate is only 2% for 498a cases(since a majority of cases are settled out of the court for money!), as per National Crime Records Bureau http://ncrb.nic.in/crime2004/home.htm).
Please also see below, the US and Canadian consular warnings for its citizens (of Indian origin mainly) with respect to this misuse of 498a.
US Consular Warning( http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html ): Excerpt--> 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.
Canadian Consular affairs info for Canadian abroad ( http://www.voyage.gc.ca/dest/report-en.asp?country=128000#6 ): Excerpt--> Growing numbers of Canadian citizens have been caught up in marital fraud and dowry abuse in India. Most cases involve Indo-Canadian males who abandon their wives in India after cheating them out of large sums of money. Other cases involve misuse of India’s Dowry Prohibition Act. This law, which was enacted to protect women and makes demanding a dowry a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or pay off their spouses in exchange for the dismissal of charges. To avoid such problems, you are advised to register your marriage in India along with a joint declaration of gifts exchanged, as well as consider a prenuptial agreement
Sowry Harassment is what is in vogue now:
Sowry Harassment - The New Bane of Indian Society
Sowry Harassment Weblinks:
http://www.saveindianfamily.org/blogs/sowry-harassment/
http://www.saveindianfamily.org/blogs/2006/01/11/lisa-tsering-gets-award/
http://news.ncmonline.com/news/view_article.html?article_id=768649893bc5975ce97b6bff5354c210
http://www.saveindianfamily.org/blogs/2005/10/29/complains-sowry-harassment/
In fact we are organised as a group in internet and we have over 460 members-victims in india and abroad.
To know more please visit http://www.498a.org, http://www.saveindianfamily.org & http://mynation.net . This is causing Havoc in Indian expatriates working in other countries like USA too.
Warm Regards
P.R.Gokul
http://gokul.go.to , http://cruiserdeep.blogspot.com/
I was reading some of your articles which exposed a lot of everyday injustices , when it occurred to me that I should request you to study and report the misuse of the Indian Anti Dowry and Harassment laws(DP Act and section 498a of IPC(Indian Penal Code)), which is ruining many NRI lives along with citizens living in India. Please also download a Booklet( its a bit heavy to send by email) giving details about this misuse, in 'pdf' file format: 498a Research Report submitted to Judges and MOIA Minister Shri Vayalar Ravi (12 MB) . Anyway I am attaching 2 brief reports on the 498a Misuse with this email.
You can read more about IPC 498a misuse and our petitions and awareness efforts at http://www.498a.org/publicity.htm . News in media about cruelty by women/false cases: http://www.498a.org/news.htm
I am appending below my letter to the Commissioner of Police, Mumbai, about the rampant misuse of the IPC section 498a, which is self explanatory. I would request you to take up reporting on this and expose the truth, which I along with the 1100 plus members of Save Indian family foundation yahoogroup: http://groups.yahoo.com/group/saveindianfamily/ , would vouch is destructing families along with its women, and senior citizens hampering our nations progress itself.
The societal disintegration would be worst if we do not put a check on this somehow, so I would urge your good office to take up this subject with utmost interest and report the facts.
The below letter can be found in my blog too( http://cruiserdeep.blogspot.com/2006/01/i-had-posted-below-petition-at-sites.html ), in case you wish to give this matter(which's quite lengthy) in print editions. See the article "NRI grooms tortured and fleeced by Indian brides(SPECIAL)": http://www.dailyindia.com/show/44895.php/NRI_grooms_tortured_and_fleeced_by_Indian_brides(SPECIAL). Here is my letter to the President of India regarding misuse of 498a: http://cruiserdeep.blogspot.com/2006/06/i-had-written-to-president-at.html
We are a group of victims(that includes our family members: father, mother, sister, brother, etc. who are accused in a typical false 498a case by a law-misusing wife) who are members of Save Indian Family yahoo group, and its local chapters as appearing below, you all could join any of the relevant groups of your choice and monitor the discussion and get to know better of the realities regarding misuse of IPC 498a. While joining any of the groups do specify that you are a Journalist, since many of our groups are quite strict on getting the details of the new entrants.
Main group: http://groups.yahoo.com/group/saveindianfamily
Local Chapters:
http://groups.yahoo.com/group/sif-mumbai
http://groups.yahoo.com/group/sif-karnataka/
http://groups.yahoo.com/group/sif-pune/
http://groups.yahoo.com/group/sif-andhrapradesh/
http://groups.yahoo.com/group/sif-punjab/join
http://groups.yahoo.com/group/sif-up/
http://groups.yahoo.com/group/sif-mp/
http://groups.yahoo.com/group/sif-assam/
http://groups.yahoo.com/group/sif-bengal/
http://groups.yahoo.com/group/sif-uk/
http://groups.yahoo.com/group/sif-middleeast/
http://groups.yahoo.com/group/sif-delhi
http://groups.yahoo.com/group/SIF-US/
http://groups.yahoo.com/group/SIF-TamilNadu/
http://groups.yahoo.com/group/sif-orissa/
Warm Regards
P.R.Gokul
http://gokul.go.to , http://cruiserdeep.blogspot.com/
Tele/Fax : +91 22 25614188(Bombay, Res), +91 9821414336
Join SIF Mumbai Chapter: http://groups.yahoo.com/group/sif-mumbai/join
http://mynation.net
http://www.498a.org
http://www.saveindianfamily.org
http://groups.yahoo.com/group/saveindianfamily
24-hour All India Helpline Number:+91-9243473794
Volunteer Helpline Numbers(send SMS if unavailable)
Delhi : 9871734980, 9810611534, 9911119113
Chandigarh: 9888562582
Bangalore : 80-55334135
Mumbai : 9224335577
Jaipur : 9352562456
emails: help@498a.org , info@mynation.net , mail@saveindianfamily.com, help@asha-kiran.com
See ongoing awareness campaigns: http://at498a.blogspot.com/, to post to this blog send email to cruiserdeep.498a@blogger.com
************Letter to CP, Mumbai************
From,
P.R.Gokul
B-102, Matoshrikripa C.H.S, Bhandup(east), Mumbai-400042
Tele/Fax : +91 22 25614188(Bombay, Res), +91 9821414336
To,
The Commissioner of Police, Mumbai
(and Other personnel in I.P.S)
Subject : Misuse of IPC section 498a, resulting misery for Indian families.
Messer’s,
This is to report rampant misuse of Anti Harassment/Cruelty(Domestic violence) laws in India(the concerned section in Indian penal code is section 498a). The potency of misuse is much since the Police doesn't need any other supporting evidence or witness other than the wife's statement/complaint, to straight away arrest the Husband and his relatives (Whoever is named in the wife's complaint), since it is a cognisable crime, following which is an ordeal of long drawn and wasteful legal proceedings for the Husband (in this law he is Guilty until proved innocent!, unlike any other law, anywhere else).
As you might be aware of this misuse yourselves, I would, on behalf of other victims of this misuse also, appeal to all police personnel to treat the complaints u/s IPC 498a with some restraint and empathy. This is in the same lines as supreme courts judgment, cited below, where SC has appealed its courts to exercise restraint till legislature finds way to deal with Makers of frivolous complaints, when S.C ruled: "Till then the courts have to take care of the situation within the existing framework". The excerpt from this judgment is shown below:
The supreme court judgment(in the writ number 141 of 2005) acknowledges that there is rampant misuse of 498a. Especially when Supreme Court of India acknowledges that misuse of 498A is on the rise, and has hinted that the legislature may have to find ways to deal with misusers of 498A, terming this trend as Legal Terrorism. And implicitly directing other indian courts by saying "Till then the courts have to take care of the situation within the existing framework.
The excerpt of this judgment, regarding misuse of 498a, in writ petition No.141 of 2005 of Supreme Court(full judgement also can be found at http://www.pariwariksuraksha.org/WP141.htm and http://at498a.blogspot.com/2008/05/sc-citation-for-legal-terrorism-writ.html) is reproduced below:
*************** Excerpt of the Supreme Court Judgment ***************
“The object of provision is prevention of the dowry menace. But as has been rightly contented by the petitioner, 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 the abuse of well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a license to unscrupulous person 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 framework. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not as 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 investigation 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 courts start with the presumption that 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 investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally indisputable 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.”
The above S.C ruling clearly shows that the judiciary is silently trying to do its best to avoid IPC section 498a being used as a weapon in the hands of assailants, we are sure that the Police force too will follow the same attitude towards 498a accusations, which are found to be false in more than 75% of all the reported cases(and actual conviction rate is only 2% for 498a cases(since a majority of cases are settled out of the court for money!), as per National Crime Records Bureau http://ncrb.nic.in/crime2004/home.htm).
Please also see below, the US and Canadian consular warnings for its citizens (of Indian origin mainly) with respect to this misuse of 498a.
US Consular Warning( http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html ): Excerpt--> 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.
Canadian Consular affairs info for Canadian abroad ( http://www.voyage.gc.ca/dest/report-en.asp?country=128000#6 ): Excerpt--> Growing numbers of Canadian citizens have been caught up in marital fraud and dowry abuse in India. Most cases involve Indo-Canadian males who abandon their wives in India after cheating them out of large sums of money. Other cases involve misuse of India’s Dowry Prohibition Act. This law, which was enacted to protect women and makes demanding a dowry a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or pay off their spouses in exchange for the dismissal of charges. To avoid such problems, you are advised to register your marriage in India along with a joint declaration of gifts exchanged, as well as consider a prenuptial agreement
Sowry Harassment is what is in vogue now:
Sowry Harassment - The New Bane of Indian Society
Sowry Harassment Weblinks:
http://www.saveindianfamily.org/blogs/sowry-harassment/
http://www.saveindianfamily.org/blogs/2006/01/11/lisa-tsering-gets-award/
http://news.ncmonline.com/news/view_article.html?article_id=768649893bc5975ce97b6bff5354c210
http://www.saveindianfamily.org/blogs/2005/10/29/complains-sowry-harassment/
In fact we are organised as a group in internet and we have over 460 members-victims in india and abroad.
To know more please visit http://www.498a.org, http://www.saveindianfamily.org & http://mynation.net . This is causing Havoc in Indian expatriates working in other countries like USA too.
Warm Regards
P.R.Gokul
http://gokul.go.to , http://cruiserdeep.blogspot.com/
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