Misuse of Indian Cruelty and Dowry laws by women
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Dear Readers
How would you feel if you are arrested in the middle of the night for no fault of yours ?
What would you do if your wife were the prime mover behind the arrest ? and she has used the arrest a bargaining tool ?
Shocking isn't it ? No this can't happen in India ain't it ?
But true, this IS happening in India in this day and age
This has happened to 1000s of Innocent Indian Men in the name of "Cruelty in Marriage". Laws were enacted to protect women. However these laws are being misused by 1000s of MODERN women to settle scores, wreak vengeance, arrested ELDERLY MOTHERS and even pregnant sisters
Here's what's happening
There were adequate provisions in the IPC Sections 323, 324, 325 and 326 for use against anyone who assaults a woman or causes her injury.
In spite of this, The Indian Penal Code was amended twice during the 1980s first in 1983 and again in 1986 to define special categories of crimes dealing with marital violence and abuse
In 1983, Section 498A of the IPC defined a new cognizable offense, namely, cruelty by husband or relatives of husband. This means that under this law the police have no option but to take action, arrest, once such a complaint is registered by the victim or any of her relatives.
The due process of law prescribes that the "..accused is innocent unless proven guilty..". However in this case the accused is immediately arrested. His image in society is tarnished. His parents and sisters who can also be named in the complaint, are also arrested or harassed..
Sec. 498A of IPC prescribes imprisonment for a term which may extend to three years and also includes a fine. The definition of cruelty is not just confined to causing grave injury, bodily harm, or danger to life, limb or physical health, but also includes mental health, harassment and emotional torture through verbal abuse. This law takes particular cognizance of harassment, where it occurs with a view to coercing the wife, or any person related to her, to meet any unlawful demand regarding any property or valuable security, or occurs on account of failure by her, or any person related to her, to meet such a demand.
However, no punitive provisions were added for those making false allegations or exaggerated claims. There is, of course, the law against perjury (lying on oath). But in India, the courts expect people to prevaricate and lawyers routinely encourage people to make false claims because such stratagems are assumed to be part of the legal game in India. Therefore, the law against perjury has hardly ever been invoked in India.
Section 406, to be invoked by the woman to file cases against her husband and in-laws for retrieval of her dowry prescribes imprisonment of upto three years for criminal breach of trust. Often, highly exaggerated or bogus claims are made by unscrupulous families who demand the return of more than was given as stridhan, using the draconian sections 498A and section 406 of the IPC as a bargaining tool.
What do we seek here
1. We seek your support to upholding the "..due process of law..". i.e. NO ONE should be arrested for a matrimonial dispute, UNLESS the case has been fully inquired into. i.e. Section 498A should be bailable. Any arrest should be made ONLY WITH A WARRANT !
2. There shall be stringent punishment FOR THOSE INDULGING IN FALSE COMPLAINTS. They are wasting the precious time and resources of the police and indulging in wasting tax payers money by clogging the Judiciary and Police with false and frivolous cases
3. Elderly parents, sisters and OTHER FAMILY MEMBERS should NOT BE ARRESTED unless the complete inquiry is orders
In effect we are fighting for upholding natural justice and the due process of law - a proper trial BEFORE any arrest
We request you to sign this petition and circulate it to as many people as possible
Jai Hind
Vinayak
http://batteredmale.blogspot.com/
http://blog.360.yahoo.com/blog-Y2MTaSA0RLDVTunp3KQgKh0-
http://my2cents.rediffblogs.com/
http://spaces.msn.com/members/Vinayak123/
http://s2.phpbbforfree.com/forums/dowry-forum-1.html
http://phpbb-host.com/phpbb/viewforum.php?f=2&mforum=dowry
http://groups.google.com/group/DLMI?lnk=li
http://groups.google.com/group/DivorceCases?lnk=li
http://groups.google.com/group/DivorceFAQ
339 Signatures
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Sabahat U khan
- Add Comments here (Optional)
- To save INDIA ,Save Indian Family .To save Indian Family ,Change the Laws Like 498A
- Tell us your story if you are a victim yourself
- Can be seen save Indian family Yahoo Group Message #4147
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Prudvi Raj
- Add Comments here (Optional)
- This is obsolutely one-sided in-human law
- Address (Zip Code)
- 20170
- Tell us your story if you are a victim yourself
- Yes, I was threatened by my wife and now seperated and fighting for a fair divorce.
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Satya
- Add Comments here (Optional)
- 498a law is totally one sided and should at most be a civil law. How can you arrest the husband and his family on just one statement by the wife. How can judiciary assume that whatever woman (wife) is saying has to be true?
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Gokul
- Add Comments here (Optional)
- IPC section 498a should be rationalised, with checks and balances so that can't be misused by wives so blatantly like presently done.
- Address (Zip Code)
- Mumbai
- Tell us your story if you are a victim yourself
- http://gokul.go.to
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Vina Raj
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Yogesh
- Add Comments here (Optional)
- This provision is a hand given to help really affected rurual , poor , uneducated indian women who are harassed by their husbands which is 5 \% case, but the disadvantage in the form of misuse of the process of law is done by urban educated women which is 95 \% case to harass innocent husband and their relatives. This is very very harsh provision which is against the natural justice of being heard by the police officers. I request Law Comission , Govt. and all political parties to reconsider this on an urgent basis so that the injustice done to innocent vicitims by their cruel wives can be avoided.
- Address (Zip Code)
- Pune-411019
- Tell us your story if you are a victim yourself
- I am one of such victims. Basically CA and holding responsible position in one big Indian Company. On false complaint by my wife, police came to arrest me in office in front of my subordinates. Kept me in custody, my uncle and mother were also about to be arrested. This is a pure harassment by my wife in order to achieve her selfish intentions . This false news was explosed by media in the local dailies which had tarnished my so called hard gained good public image.
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chidambar dodwad
- Add Comments here (Optional)
- My cousin has gone through this horrifying incident. It was a nightmare for our entire generation
- Address (Zip Code)
- Mumbai, 400101
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Sushant
- Add Comments here (Optional)
- 498a should be changed. If filed false then whoever files it should be punished.
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Bharat
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HM Shanavas
- Add Comments here (Optional)
- samci3076@yahoo.com
- Address (Zip Code)
- Thottathil House, KK Konam PO, Pallickal, Kilimanoor
- Tell us your story if you are a victim yourself
- MY wife relatives filed a case against me under Section 498A, where as I never asked any Dowry, Gold or Money, In fact I am against........However, I am sure this happened because of her relatives,
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Manish Agarwal
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A.GNANAVELAN
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manoj kapoor
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Arijit Mukherjee
- Add Comments here (Optional)
- My family is victim of this law.
- Address (Zip Code)
- 700055
- Tell us your story if you are a victim yourself
- My wife lodged a faulse complain against me and my family on 7th January,2006.Presently we are in bail and 498A case is going on.We have fully complied 406 and returned all the goods.
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m v t r murthy
- Tell us your story if you are a victim yourself
- I am a victim in my brothers case where my whole family were arrested by a false case filed by my sister in law. I lost my my job and the case is in the court coming for examination. This happened on 1st sept 2005.
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Alpa
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Malladi Ravi Kiran
- Add Comments here (Optional)
- I am all-out helping this cause. Tell me what I can do.
- Address (Zip Code)
- 1-1-730, Gandhi Nagar, Hyderabad. 80
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Sanjay Kharche, Manchester, UK
- Add Comments here (Optional)
- The law MUST be amended.
- Address (Zip Code)
- В
- Tell us your story if you are a victim yourself
- 498A slapped without thought, no basis, only for harrassment
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Christopher
- Add Comments here (Optional)
- This law will only end up destroying the institution of marriage once and for all...
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Praveen I
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SS
- Add Comments here (Optional)
- IPC 498A has become draconian because of gross misuse by qualified yet arrogant and greedy urban women and their over-ambitious parents. They want the husband to dance to their tune and sacrifice his old parents. When they fail to hen-peck the husband, they want to harass and destroy the husband and his relatives.Stop blind arrest of honest families and seriously punish misuse. Save innocent Indian families by bringing equality in justice.
- Tell us your story if you are a victim yourself
- Fearing 498A after 45 days of my marriage. No dowry or items either taken or ever claimed from girl's side. Just because I protested my wife's abusing nature and I want to take care of my parents, she dragged me to police station.
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krishna prasad
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Vinayak
- Add Comments here (Optional)
- Remove these laws, they do not serve there purpose and harm indian family system
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SUMIT ARORA
- Add Comments here (Optional)
- MISUSE OF LAWS BY WOMEN SHOULD BE STOPPED
- Address (Zip Code)
- 110018
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Newton
- Add Comments here (Optional)
- Pl. Investigate first and then do the arrest in all cases. Requesting to Police and higher authorities to enquire personally , secretly and with neighbours about the case and finally come to conclusion. No ARREST unless proved pls.
- Address (Zip Code)
- 400103
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sanjay kumar verma
- Add Comments here (Optional)
- It is necessary to complete the faithful justic that without any proof or complete proved investigation no one arrested.
- Tell us your story if you are a victim yourself
- I face problem like the innocent people who get mental harressment by wife I face problem from last one year and i dont understand what i do. I am from a middle class family and my wife too but her brother is a good advocate in delhi from last 20 years and her brother in law is jail suppritendent and i am eldest son in my home.My wife creating so many types of problem and abuse my family member and blaming false complaint against family member.Please suggess me what i do
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Rahul
- Add Comments here (Optional)
- Such laws should be deleted from the law books
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Venkat M Kulkarni
- Add Comments here (Optional)
- This law is to be eradicated
- Tell us your story if you are a victim yourself
- I was hanging under this draconian law for more than 5 years and still under the shadow of this law.
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Srinivas Kandi
- Add Comments here (Optional)
- Women who misuse section 498A and also others who support her should be severely punished and sentenced to impresonment without Bail.
- Address (Zip Code)
- Hyderabad 500040
- Tell us your story if you are a victim yourself
- I am a victim of section 498A, my wife has filed a wrong case against me and my parents. She claims that I have harrased her for more dowry, where as I did not take any dowry. The case is still going on.
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Rakesh Sikka
- Tell us your story if you are a victim yourself
- yes i am and whole of my family is victim of this law.After havinng matrimonial alliance for 13 yeras she filed this and now torturing our whole of family.Is there is any remedy for this,Judges donot listen to us at all.
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P.k. Aggarwal
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Chandrashekhar
- Add Comments here (Optional)
- I want to see this PIL in action very soon
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Sunil Sharma
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Rashmi Shrivastava
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preeti guglani
- Tell us your story if you are a victim yourself
- Am not a victim yet, but since my brother is facing marital issues, since the day he got married. His wife suffers from some mental condition and we fear if he talks about divorce they may go ahead and file a case of dowry or any other wrong accuse against us. Kindly advice if someone can help.
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sam
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- В
- Address (Zip Code)
- В
- Tell us your story if you are a victim yourself
- В
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Raj
- Add Comments here (Optional)
- В
- Address (Zip Code)
- В
- Tell us your story if you are a victim yourself
- my wife filed false case of mental harrassment after 6 months of marriage. Allleged that i slapped her and kicked her after taking doubt about her charector. I swear , i never slapped her, she is having mental problem, her grandmother is divorced, her mothers sister is divorced, her mothers 2 brothers are unmarried at the age of 42 and 47 , her sister is divorced.She is facing mental problem. I was in police custody for a day. i am High Court lawyer and my image is torned out.I am scared of all these things. No dowry demand. But i am totally colapsed. Now they are making harrassment and asking for money for compunding criminal case.
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Subhro Kumar De
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vickram
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RKReddy
- Add Comments here (Optional)
- Misuse of 498A-Banish the babus
- Tell us your story if you are a victim yourself
- Misuse of 498A-Banish the babus
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Sandeep Banerjee
- Add Comments here (Optional)
- Sections 498A & 406 are a travesty of justice
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Pratik K Bhattacharya
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Dr Rajesh Banga
- Add Comments here (Optional)
- It must be amended and made unbiased for both the sexes
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Avinash Gupta
- Add Comments here (Optional)
- This law needs to be repealed.
- Address (Zip Code)
- Sunnyvlae, California, USA
- Tell us your story if you are a victim yourself
- Please view my story at mynation.net where you can sign a PIL
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Anindya Lahiri
- Add Comments here (Optional)
- While cruelty to women and dowry death do take place frequently, these laws are almost solely used by people with malicious intentions and as bargaining tools for money and divorce settlements. I know of several families suffering from this great injustice.
- Tell us your story if you are a victim yourself
- Six months after my brother died unnaturally, and after my parents lodged a diary with the police; we were slapped with IPC 406 & 498A by my brother's widow's family. Despite the frivolous and clearly malicious nature of these complaints my family has been suffering over the last three years with these!
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N.D. Khanolkar
- Add Comments here (Optional)
- 498A is being misused by modern educated wifes who have affairs in their premarriage life.
- Tell us your story if you are a victim yourself
- We are residing in Pune. My self, my mother were arrested by Dombivali Police & were jailed for 1day for no fault. We are residing in Pune, while my brother & his wife were in USA. She had misused 498A to get money.
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Sethuraj Nair
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Sharad Chandra
- Add Comments here (Optional)
- One can not add any further comments. The law has been made to help not the really needy but the ones who wish to blackmail and seek harrassment of innocent husbands. I am a victim of this gory law and have been to the jail also for no fault of mine. Despite that there is no relief to me or to my parents or to my sister who is married and lives far off. To top it all my wife lives at my place only, drives off to file a complaint against me and my family and comes back to stay at my place while all of us have to run from pillar to post to get the bail or seek some judicial respite which is very difficult to get. The worse part is that the police knows the facts but still when they come to finalisation of the proceedings they merely add that the charges appear prima facie proven against the offenders and file the Chargesheet in the court where again it is fight for next few years.
- Address (Zip Code)
- Jaipur
- Tell us your story if you are a victim yourself
- As I have already submitted, my story happens to be the strangest one. My wife is contemptuos and very quarrelsome. She seeks excuses to harrass me and the members of my family. she picks up fight for things like taking the kid to a doctor or following the medicine regime prescribed. What is more she stays at my place only and goes to file the complaint U/S 498A and comes back to stay at my place. She is supported by her father and her brothers in this. I wish I could use moth***** ing bas*** for them but apparently this is public site. But whosoever reads this can understand what I am going through after three 498A cases and a few U/s 323, 324, 341, etc. The attitude can further be gauged by the intro of new harrasment law the DV Act, 2006. Now my wife openly says that nobody can turn her out of the House (which in fact we never could even dare before) as this law turns out those who are the owners or residents of the house except the lady who could be such tormentor. sometimes I feel that Gods must have
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Dilip Kumar Nathani
- Tell us your story if you are a victim yourself
- My wife also misusing this act 498A
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Angel
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- "Hey,nice site look this:
- Address (Zip Code)
- None
- Tell us your story if you are a victim yourself
- None
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339
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