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Gautam Kapoor (IT professional Studying Law)     20 May 2014

International attorney on the mis(use) of 498

https://www.international-divorce.com/Indias-Notorious-Section-498A.htm

The U.S State Department has warned Americans that: “Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.” 

Im not sure how many  US NRI’s are watching this .If atleast one can take the mantle and he/she can group up witb their fellow colleagues who are facing similar false charges and get the help of one fellow republic/democrat to raise a unanimous voice.You will be more succesfull there.

Please remember this will be for the help  for y(our) coming generations



Learning

 13 Replies

Gautam Kapoor (IT professional Studying Law)     20 May 2014

read this as well.Read the last para and get to know about James Morley

https://www.internationalfamilylawfirm.com/2013/06/indias-498a-law-abuse-continues.html

Abuse of 498A Interpol notices ends

https://www.merinews.com/article/abuse-of-498a-interpol-notices-ends/15767016.shtml  (each and every word,line needed to be highlighted in bold)

What the American and French governments can see the Indian government does not seem to see or understand. After years of issuing the Interpol red corner notice for totally unproven charges for “catching“innocent, highly educated, wealthy and bright NRI’s under India’s infamous section 498A of the IPC (the Anti Dowry law) Americans and French are now no longer willing to aid this Indian extortion racket that India is running in the guise of the women’s protection and empowerment. The American state department had many years ago issued travel warnings to its citizens marrying in India to be careful of the Indian dowry laws and its misuse. The grooms targeted under this law are mostly wealthy and highly educated doctors, engineers, scientists and businessmen who are highly successful and have proven themselves in a foreign land. These people are threatened by the unscrupulous wives in collusion with the police to shell out crores of rupees as compromise amounts or find their names alongside dreaded international terrorists or drug smugglers. The wives and their families in collusion with the police issue Red corner notices that these people now become international criminals. Some states abuse the system more than others.

Andhra Pradesh and Punjab in particular have seen the most abuse of law.

The greedy family members from the Bride’s side fix marriages with NRI grooms and file 498A’s as soon as the marriage is solemnized. The compromise amounts is normally in crores and is negotiated in Police stations or crime against woman cells in collusion with corrupt policewomen, who then get a fare share of the booty.

The abuse of the law has now reached far lands and the United States National Public Radio has also reported on the abuse of section 498A law, first hand.

Here are some well known statistics on the abuse of Section 498A

1) 498A has arrested more than 120,000 women in the last 4 years on totally unproven charges.

2) More than 52,000 Indian husbands commit suicide every year unable to bear the harassment and the ignominy of these false cases. (Source National Crime records bureau). The number of married women committing suicide is 26,000 (half the number of married men)

3) The corrupt Indian justice system is driven by bribes and political support. It takes decades before the innocent get justice.

4) 98 per cent of all cases filed under this section are found to be false and are filed with ulterior motives.

5) The Supreme Court of India has called the misuse of section 498A as “Legal Terrorism” , the president of India has warned against misuse of the Anti Dowry Law , The chairperson of the National Commission for women has called for an to the Anti Dowry law abuse.

6) Numerous judges of various Indian High courts have condemned the misuse of this law and called for its amendment. But this has not stopped or reduced the misuse of the law. The misuse has only increased, since there is no punishment for misusing even if it is proven beyond reasonable doubt that the entire case was false to begin with.

Gautam Kapoor (IT professional Studying Law)     21 May 2014

:)Rocky, Imagine if people do not marry and start doing live in...  the radical gender laws will soon catch up.... you will have new sub sections..... where in married will be substituted with live in... So I see no remorse unless the gender laws change...moreover what is the gaurantee that the live in partner will not charge you of rape :)

1 Like

Gautam Kapoor (IT professional Studying Law)     04 June 2014

any comment from the likes of esteemed lawyers to a pseudoname

Gautam Kapoor (IT professional Studying Law)     04 June 2014

any advice to this psuedoname from the esteemed lawyers.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Such news are not there on interpol website.

 

America had that warning for sometime, and that has been withdrawn.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Gautam Kapoor (IT professional Studying Law)     04 June 2014

sorry fail to understand what you meant. Please can you elaborate.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

I meant to inform you was that America Home Department has withdrawn that warning, which you are quoting.

 

Also, interpol has not issued any such official statement, these are quoted by some people on their own assessment.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

Gautam Kapoor (IT professional Studying Law)     05 June 2014

can you share the source of your knowledge as you seem to negate each and every thing

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2014

Gautam,

 

One can prove the existance of something and not the non-existance of something.

 

Can you get me the source on American consulate site where such warning is there? People have mentioned on the blog, but when I tried finding on the links that has been given, they were not working. So my presumption that even if such warning was ever there, it has been withdrawn.

 

W.r.t. Interpol stopping issuing RCN in 498a cases, that is true news report, the reason is not the prevalent misuse, but the difficulty Interpol has in executing RCN in those countries where there are no equivalent provisions of dowry.  

 

Murder, Rape, Theft, Corruption are crimes which would be punishable in all countries. However, SC/ ST Act, Dowry etc would be specific to countries.

 

Like I would give you a simili, in US inter-parental abduction is a crime, but no one can be deported from India for the same, as the same is not a crime in India.

 

Hence, though the news is correct, the interpretation is wrong.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     06 June 2014

I have tried to show its existence and you are trying to potray its non existence. The onus does not lie on me to prove it rather for you to disprove it.

https://www.internationalfamilylawfirm.com/2013/06/indias-498a-law-abuse-continues.html https://www.merinews.com/article/abuse-of-498a-interpol-notices-ends/15767016.shtml https://www.international-divorce.com/Indias-Notorious-Section-498A.htm

The U.S State Department has warned Americans that: “Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.” Regarding the interpol not sure where you got this information that they stopped issuing RCN notices just because its services are being misused.

BTW interpol main policing involves on the below not on 498A https://www.interpol.int/%20%E9%AA%91%E6%8B%B7%E7%82%89%E6%80%99%E6%8B%B7%E9%94%9F%E9%93%B0%E5%BA%93%E9%94%9F%E6%96%A4%E6%8B%B7%E9%99%86en/Crime-areas

and for the RCN fanatics please kindly read below

https://cbi.nic.in/interpol/notices.php#a

Gautam Kapoor (IT professional Studying Law)     06 June 2014

I have tried to show its existence and you are trying to potray its non existence. The onus does not lie on me to prove it rather for you to disprove it.

https://www.internationalfamilylawfirm.com/2013/06/indias-498a-law-abuse-continues.html 

https://www.merinews.com/article/abuse-of-498a-interpol-notices-ends/15767016.shtml 

https://www.international-divorce.com/Indias-Notorious-Section-498A.htm

The U.S State Department has warned Americans that: “Furthermore, since the police may arrest anyone who is accused of committing a crime

 (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. 

This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, 

occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.” Regarding the interpol not sure where you got this information that they stopped 

issuing RCN notices just because its services are being misused.

 

BTW interpol main policing involves on the below not on 498A 

https://www.interpol.int/%20%E9%AA%91%E6%8B%B7%E7%82%89%E6%80%99%E6%8B%B7%E9%94%9F%E9%93%B0%E5%BA%93%E9%94%9F%E6%96%A4%E6%8B%B7%E9%99%86en/Crime-areas

 

and for the RCN fanatics please kindly read below

https://cbi.nic.in/interpol/notices.php#a

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 June 2014

Does US Homeland guides people through a website international-attorney?

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

Gautam Kapoor (IT professional Studying Law)     08 June 2014

A closer look shall reveal that the US attorney has only stated what the "US State Department" had warned its citizens else the attorney would not have time/motive/guts to cook up a story.

Guidance was provided by  "US State Department" and the attorney highlighted it.


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