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Aftab4u (PVT EMPLOYEE)     28 April 2013

Why supreme court calls 498a as "legal terrorism"?

Why supreme court calls 498a as "Legal Terrorism"?

25 reasons “Why IPC 498A is Anti-Social?”

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights. 

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children. 

4 Accused is presumed guilty until proven innocent. No where in the world it is so. 

5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'? 

6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple. 

7 After a man is accused of 498A, he will not take his wife back later. 

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives. 

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A 

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands. 

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family. 

12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case. 

13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused. 

14 Old parents after 498a case become very apprehensive and advice their son not to marry again. 

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health. 

16 Most often the lawyers tend to take the family for a ride to extract as much money as possible. 

17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint. 

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded. 

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman. 

20 Some women marries an NRI and slaps a 498A case only to extort large sum of money 

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation. 

22 The case can easily linger in the court for years and only the groom’s family has to pay the price. 

23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance. 

24 There is no prohibition clause in the 498A law that would stop women to misuse it. 

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

Note :The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas. Unwillingness of the women’s organization to alter the law so that misuse of law can be stopped is evident. On the contrary, women organizations are planning to strengthen and increase the severity of the 498a law to curb dowry death, which is absolutely preposterous. One must not forget that the chunk of the GDP comes from the urban cities where these laws are prevalently misused. If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy. If the law can’t curb dowry deaths, can’t even stop misuse, then what is the use of such a law that causes millions of people to suffer ?



 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 April 2013

I appriciate your 25 Point, keep it up

Sudhir Kumar (Retd Govt Officer)     08 June 2013

Dowry related laws are biased and one sided but there are some persons who have forced the Govt to create such laws  and make them harsher.  But irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons. Most of the accused are also ladies.

 

Had Dowry Act not enacted in 1961 then nothing prevented boys parents to file civil suit and execute recovery of dowry under Contract Act

 

The malady of dowry and domestic violence has increased with education and self-dependence of women.  About 60 years back women were not earning and they were not made to surrender entire salary to in-laws and seek bus fare and pocket money from parents.

 

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

 

Comment : Yes it is true. But inspite of its being a criminal offence the demand and offer is increasing.

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights. 

 

Comment : Yes it is true. But the dowry demanders are no less than terrorists.  Inspite of such provisions the actual offenders are almost undeterred.


3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children. 

Comment : Yes it is true. But for being part of domestic violence and for being a dowry demander one does not need to be all the time available in family or not being pregnant any time.  In some families even the children are motivated for dowry demand.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.


4 Accused is presumed guilty until proven innocent. No where in the world it is so. 

 

Comment : Yes it is true. But in many criminal cases it is so.  It is a departure from basic criminal jurisprudence  but is the compulsion of the circumstances that onus of proof is put on the accused.  You cannot say that “No where in the world it is so”.


5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'? 

Comment : Yes it is true. But gifts are at times seen disproportionate to the capacity of giver.  It is not always so. Many gifts are given by friends and relatives of either side who are not even being aware of dowry demand or are not even supporters of the same.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.


6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple. 

Comment : Yes it is true. But there are persons in the society who can compel the accused to compound offences.  On the same time there had been instances that the couple came to close the case as they have decided for peaceful cohabitation or peaceful departure.


7 After a man is accused of 498A, he will not take his wife back later. 

 

Comment : Yes it is true. But some persons have seen the reasons. Some husbands learn that they are wrong and rightly accused and some women understand that they were wrong and wrongly accused the husband.  These are exceptions only  as society compels the said husband (even if rightly accused) and said wife (even if wrongly accusing) not to bend and get destroyed.

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives. 

 

Comment : Yes it is true. But in most of the cases it is not the husband but old parents who demand dowry.

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A 

 

Comment : Yes it is true. But same goes for bride as well her relatives also loose market even if her allegations are correct.

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands. 

 

Comment : Yes it is true. But in some cases the wife and parents (either side or both sides may be wrong) has no problem with husband  but with his family only.

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family. 

Comment : Yes it is true. But at times wife’s job is at risk if she  continues to bear the torture.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

 


12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case. 

Comment : Yes it is true. But health of wife’s parents gets deteriorated if there is no respite to their daughter’s torture.


13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused. 

Comment : Yes it is true. But some women commit suicide who are unable to withstands the torture. Such suicides became rampant that is the reason that S/304B had to be enacted.


14 Old parents after 498a case become very apprehensive and advice their son not to marry again. 

 

Comment : Yes it is true. But girls parents are also equally vary after she is torture by in-laws.

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health. 

 

Comment : Yes it is true. But at times girls family ends up paying heavily and with no respite.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

16 Most often the lawyers tend to take the family for a ride to extract as much money as possible. 

 

Comment : Yes it is true. But such type of lawyers do behave so in every criminal case .

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint. 

 

Comment : Yes it is true. But society has been so badly male dominated that before these laws woman had no place in society and had no human rights at all. 

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded. 

 

Comment : Yes it is true. But there is tendancy that every defendant of civil suit tends to take benefit of slow legal process.  Woman is at the more vulnerable end and men take advantage where they can delay divorce.  Such laws help the couple to come to either quick conciliation or agree to leave each other for good.

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman. 

Comment : Yes it is true. But in most of the cases (mostly in rural) neighbours support male version blindly and depose so in court.


20 Some women marries an NRI and slaps a 498A case only to extort large sum of money 

 

Comment : Yes it is true. But some NRI grooms never come to noose of  civil or criminal law

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation. 

 

Comment : Yes it is true. But police so do by using extra-legal power as a humane measure.

22 The case can easily linger in the court for years and only the groom’s family has to pay the price. 

Comment : Yes it is true. But criminal proceedings are still faster than civil proceedings


23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance. 

 

Comment : Yes it is true. But in no criminal case the criminal liability extinguishes with civil relief.

24 There is no prohibition clause in the 498A law that would stop women to misuse it. 

 

Comment : Yes it is true. But if some such clause is inserted it will be used against genuine complainants and may defeat the purpose of law.

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

 

Comment : Yes it is true. But defamation is a non-cognizable case and you can register direct in court.

 

The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas.

 

 

Comment : It is not true. In rural side there are alaternative remedies of social action against dowry demanders.  There is no such forum in urban areas.  The need for demand of dowry is more in richer society both in rural and urban life. 

 

 

If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy.

 

Comment : Need to pay dowry is the biggest motivation for corruption and the law needs to be accustomed to so. 

 

There is no provision in law for girls parent who shower excessive dowry at time beyond boys capacity to use (i.e  primary teacher being given luxury car)

 

The law needs to be so strong that it should be the duty of the police to ensure that no marriage in there area are conducted with excessive pomp and show and each party must be made to submit return of martial expenses to IT deptt.  For groom/bide or their parents being Govt servants should be duty bund to submit report of expenses and CD of celebration to deptt.

 

 

1 Like

Sudhir Kumar (Retd Govt Officer)     08 June 2013

EVERY LAW IS IS WITH PIOUS PURPOSE AND STILL  MISUSED.

 

Sudhir Kumar (Retd Govt Officer)     09 June 2013

see

https://navbharattimes.indiatimes.com/delhi/crime/husband-forced-to-cover-face/articleshow/20496630.cms

Sudhir Kumar (Retd Govt Officer)     09 June 2013

on the same time we can also see https://navbharattimes.indiatimes.com/delhi/crime/--/articleshow/16896089.cms

yogesh (will tell you later)     15 February 2014

sudhir kumar ji..your analysis is true and may be treatedas remarkable but this seems to be good only when you are not the sufferer...law doesnot allow to take revenge on the behest of the other family members who are just the relatives of husband..if any innocent be the sufferer there will be the stigma why I am the sufferer? and there will be no explanation either by court or by the legislation who has made law only for vote bank politics..Bullet has no name and will only the target..whose Know who will be the next target

yogesh (will tell you later)     15 February 2014

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

 

Comment : Yes it is true. But inspite of its being a criminal offence the demand and offer is increasing.

 

COUNTER COMMENT: Wrong..Demand and offer may be increasing among their communities where there are the customs and in many cases the dowry is forcibly given which is an offence..In urban areas the arranged marriages takes place through matrimonial sites, newspapers and other agencies and no question of demand arises in such cases as every spouse has option to exercise their choice

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights. 

 

Comment : Yes it is true. But the dowry demanders are no less than terrorists.  Inspite of such provisions the actual offenders are almost undeterred.
COUNTER COMMENT: Wrong…Law doesn’t allow to prosecute the innocents at the instance of complaint..HYou cannot hand 100 innocents just to hand one offender

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children. 


Comment : Yes it is true. But for being part of domestic violence and for being a dowry demander one does not need to be all the time available in family or not being pregnant any time.  In some families even the children are motivated for dowry demand.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong..Law does not allow to prosecute all mere for some..In urabn areas there si shortage of houses and joint families live under same roof..The woman who failed to adjust in new matrimonial surroundings implicate others for setting scores..Children are always presumed to be innocents





4 Accused is presumed guilty until proven innocent. No where in the world it is so. 

 

Comment : Yes it is true. But in many criminal cases it is so.  It is a departure from basic criminal jurisprudence  but is the compulsion of the circumstances that onus of proof is put on the accused.  You cannot say that “No where in the world it is so”.

COUNTER COMMENT: Sorry..Accused is presumed to be innocent in 498-A case onus lies on the prosecution..Its not case of 376


5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'? 


Comment : Yes it is true. But gifts are at times seen disproportionate to the capacity of giver.  It is not always so. Many gifts are given by friends and relatives of either side who are not even being aware of dowry demand or are not even supporters of the same.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong No one is mindless now a days even a 5 year child knows how to play Internet

 


6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple. 


Comment : Yes it is true. But there are persons in the society who can compel the accused to compound offences.  On the same time there had been instances that the couple came to close the case as they have decided for peaceful cohabitation or peaceful departure.

 

COUNTER COMMENT: Wrong..You are equating 498-A with other offences..498-A accusers ddonot have any criminal antecedents


7 After a man is accused of 498A, he will not take his wife back later. 

 

Comment : Yes it is true. But some persons have seen the reasons. Some husbands learn that they are wrong and rightly accused and some women understand that they were wrong and wrongly accused the husband.  These are exceptions only  as society compels the said husband (even if rightly accused) and said wife (even if wrongly accusing) not to bend and get destroyed.

COUNTER COMMENT: Wrong…Once bitten twice afraid of..No one man with reasonable prudence takes his wife back to his home for further devastation

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives. 

 

Comment : Yes it is true. But in most of the cases it is not the husband but old parents who demand dowry.

COUNTER COMMENT: Rubbish and sadistic Views..Old parents needs support and social and psychological..At fag end of life they needs medicines and care not money..

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A 

 

Comment : Yes it is true. But same goes for bride as well her relatives also loose market even if her allegations are correct.

COUNTER COMMENT: No way..Bride family files case in planned manner and will file cases only when they donot have son/daughter to married..Its common sense If I had the weapon I need not have to seek permission when and how I have to hit the target

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands. 

 

Comment : Yes it is true. But in some cases the wife and parents (either side or both sides may be wrong) has no problem with husband  but with his family only.

COUNTER COMMENT: Again Wrong..If she has problem with his family she has the option to live separately or go for divorce..Who has given the power to misuse the laws for settling scores against in laws for trifling matters

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family. 


Comment : Yes it is true. But at times wife’s job is at risk if she  continues to bear the torture.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong..wife if loses job asks for maintenance under 125/DV act..but not only husband other family members jobs are also at risk..Have you heard that wife father or brother job were at risk..Point has no relevance

 

 


12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case. 


Comment : Yes it is true. But health of wife’s parents gets deteriorated if there is no respite to their daughter’s torture.

COUNTER COMMENT: Wrong..If the health of both parents get affected why they intended to choose the misuse of the provisions..Men and has family bears the maximum torture.Some times cases have been filed if the husband detect that wife has some illict relationships or there was concealment of facts prior to the marraige


13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused. 


Comment : Yes it is true. But some women commit suicide who are unable to withstands the torture. Such suicides became rampant that is the reason that S/304B had to be enacted.

COUNTER COMMENT: see the NCB data every year 66000 married men commits suicide and ratio is half as woman


14 Old parents after 498a case become very apprehensive and advice their son not to marry again. 

 

Comment : Yes it is true. But girls parents are also equally vary after she is torture by in-laws.

COUNTER COMMENT: Wrong..Then why they misuse the law??

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health. 

 

Comment : Yes it is true. But at times girls family ends up paying heavily and with no respite.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong..The state will bear the expenses of the girls case as the criminal case is filed between the state and the husband and family members name..Girl only act as complainant and has to pay nothing..all cases have been filed at the place of residence and husband and his family members have to bear stigma for attending the court hearing on regular basis



16 Most often the lawyers tend to take the family for a ride to extract as much money as possible. 

 

Comment : Yes it is true. But such type of lawyers do behave so in every criminal case .

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

Counter Comments: Wrong Question remain why boy family sufferes Why its need to consider as 498-a as criminal offence..What’s the purpose of running trial against the husband and his relatives as 98% CASES are false and exaggregated



17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint. 

 

Comment : Yes it is true. But society has been so badly male dominated that before these laws woman had no place in society and had no human rights at all. 

 

Counter Comment: If the society has been male dominated for thousand years..Does the society gives the right to punish the coming generation of man because their forefathers according to today women has behaved badly

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded. 

 

Comment : Yes it is true. But there is tendancy that every defendant of civil suit tends to take benefit of slow legal process.  Woman is at the more vulnerable end and men take advantage where they can delay divorce.  Such laws help the couple to come to either quick conciliation or agree to leave each other for good.

Counter comments: Wrong 498-A is used as tool for bargaining maximum alimony by staking the life and carrer of the relatives of the husband..Its called legal extortion

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman. 


Comment : Yes it is true. But in most of the cases (mostly in rural) neighbours support male version blindly and depose so in court.

Counter Comment:  Wrong, Witness needs to be depose free anf fair manner


20 Some women marries an NRI and slaps a 498A case only to extort large sum of money 

 

Comment : Yes it is true. But some NRI grooms never come to noose of  civil or criminal law

Counter Comment: Wrong, Majority of  NRI has their aged parents living in India.Ladies even after getting divorce from foreign courts implicate and send old aged parents in jail for settling scores and in many case Look out notice to be issued aginst them

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation. 

 

Comment : Yes it is true. But police so do by using extra-legal power as a humane measure.
 Counter Comment: Wrong, Police get shares from recovery..U see where Police even refused to file FIR in cognizable cases easily files such cases .Don’t u see the corruption angle

 


22 The case can easily linger in the court for years and only the groom’s family has to pay the price. 


Comment : Yes it is true. But criminal proceedings are still faster than civil proceedings

Counter Comment: Wrong …Who says this? In criminal proceedings cases languished for several decades..How it could be faster??


23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance. 

 

Comment : Yes it is true. But in no criminal case the criminal liability extinguishes with civil relief.

Counter Comment: Wrong..If civil relief is not there..Does it make any sense to file criminal case against man??

24 There is no prohibition clause in the 498A law that would stop women to misuse it. 

 

Comment : Yes it is true. But if some such clause is inserted it will be used against genuine complainants and may defeat the purpose of law.

Counter Comment: Wrong..Law doesnot says that u punsh 98% for punishing the 2 % cases..Genuine complaints will not be reported and frivolous complaint get motivated on seeing the others

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

 

Comment : Yes it is true. But defamation is a non-cognizable case and you can register direct in court.

Counter Comment: Wrong..The accused person has already faced stigma..It will be double jeopardy if he institutes the trial..

 

The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas.

 

 

Comment : It is not true. In rural side there are alaternative remedies of social action against dowry demanders.  There is no such forum in urban areas.  The need for demand of dowry is more in richer society both in rural and urban life. 

Counter Comment: Wrong..Here the midlle class person are the worst sufferes..Rich people go for compromises and go for out of court settlement and those who could not pay the price face the Trial..Its RICH MAN LAW

 

 

If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy.

 

Comment : Need to pay dowry is the biggest motivation for corruption and the law needs to be accustomed to so. 

Counter Comment: Wrong ..Govt should focus on anti corruption laws and not the penal action against the husband and his relatives

 

There is no provision in law for girls parent who shower excessive dowry at time beyond boys capacity to use (i.e  primary teacher being given luxury car)

 

The law needs to be so strong that it should be the duty of the police to ensure that no marriage in there area are conducted with excessive pomp and show and each party must be made to submit return of martial expenses to IT deptt.  For groom/bide or their parents being Govt servants should be duty bund to submit report of expenses and CD of celebration to deptt

Counter Comment: Wrong..This happen only on paper as law is there but no one is implementing it Dowry Prohibition Rules 2

yogesh (will tell you later)     15 February 2014

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

 

Comment : Yes it is true. But inspite of its being a criminal offence the demand and offer is increasing.

 

COUNTER COMMENT: Wrong..Demand and offer may be increasing among their communities where there are the customs and in many cases the dowry is forcibly given which is an offence..In urban areas the arranged marriages takes place through matrimonial sites, newspapers and other agencies and no question of demand arises in such cases as every spouse has option to exercise their choice

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights. 

 

Comment : Yes it is true. But the dowry demanders are no less than terrorists.  Inspite of such provisions the actual offenders are almost undeterred.
COUNTER COMMENT: Wrong…Law doesn’t allow to prosecute the innocents at the instance of complaint..HYou cannot hand 100 innocents just to hand one offender

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children. 


Comment : Yes it is true. But for being part of domestic violence and for being a dowry demander one does not need to be all the time available in family or not being pregnant any time.  In some families even the children are motivated for dowry demand.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong..Law does not allow to prosecute all mere for some..In urabn areas there si shortage of houses and joint families live under same roof..The woman who failed to adjust in new matrimonial surroundings implicate others for setting scores..Children are always presumed to be innocents





4 Accused is presumed guilty until proven innocent. No where in the world it is so. 

 

Comment : Yes it is true. But in many criminal cases it is so.  It is a departure from basic criminal jurisprudence  but is the compulsion of the circumstances that onus of proof is put on the accused.  You cannot say that “No where in the world it is so”.

COUNTER COMMENT: Sorry..Accused is presumed to be innocent in 498-A case onus lies on the prosecution..Its not case of 376


5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'? 


Comment : Yes it is true. But gifts are at times seen disproportionate to the capacity of giver.  It is not always so. Many gifts are given by friends and relatives of either side who are not even being aware of dowry demand or are not even supporters of the same.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong No one is mindless now a days even a 5 year child knows how to play Internet

 


6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple. 


Comment : Yes it is true. But there are persons in the society who can compel the accused to compound offences.  On the same time there had been instances that the couple came to close the case as they have decided for peaceful cohabitation or peaceful departure.

 

COUNTER COMMENT: Wrong..You are equating 498-A with other offences..498-A accusers ddonot have any criminal antecedents


7 After a man is accused of 498A, he will not take his wife back later. 

 

Comment : Yes it is true. But some persons have seen the reasons. Some husbands learn that they are wrong and rightly accused and some women understand that they were wrong and wrongly accused the husband.  These are exceptions only  as society compels the said husband (even if rightly accused) and said wife (even if wrongly accusing) not to bend and get destroyed.

COUNTER COMMENT: Wrong…Once bitten twice afraid of..No one man with reasonable prudence takes his wife back to his home for further devastation

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives. 

 

Comment : Yes it is true. But in most of the cases it is not the husband but old parents who demand dowry.

COUNTER COMMENT: Rubbish and sadistic Views..Old parents needs support and social and psychological..At fag end of life they needs medicines and care not money..

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A 

 

Comment : Yes it is true. But same goes for bride as well her relatives also loose market even if her allegations are correct.

COUNTER COMMENT: No way..Bride family files case in planned manner and will file cases only when they donot have son/daughter to married..Its common sense If I had the weapon I need not have to seek permission when and how I have to hit the target

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands. 

 

Comment : Yes it is true. But in some cases the wife and parents (either side or both sides may be wrong) has no problem with husband  but with his family only.

COUNTER COMMENT: Again Wrong..If she has problem with his family she has the option to live separately or go for divorce..Who has given the power to misuse the laws for settling scores against in laws for trifling matters

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family. 


Comment : Yes it is true. But at times wife’s job is at risk if she  continues to bear the torture.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong..wife if loses job asks for maintenance under 125/DV act..but not only husband other family members jobs are also at risk..Have you heard that wife father or brother job were at risk..Point has no relevance

 

 


12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case. 


Comment : Yes it is true. But health of wife’s parents gets deteriorated if there is no respite to their daughter’s torture.

COUNTER COMMENT: Wrong..If the health of both parents get affected why they intended to choose the misuse of the provisions..Men and has family bears the maximum torture.Some times cases have been filed if the husband detect that wife has some illict relationships or there was concealment of facts prior to the marraige


13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused. 


Comment : Yes it is true. But some women commit suicide who are unable to withstands the torture. Such suicides became rampant that is the reason that S/304B had to be enacted.

COUNTER COMMENT: see the NCB data every year 66000 married men commits suicide and ratio is half as woman


14 Old parents after 498a case become very apprehensive and advice their son not to marry again. 

 

Comment : Yes it is true. But girls parents are also equally vary after she is torture by in-laws.

COUNTER COMMENT: Wrong..Then why they misuse the law??

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health. 

 

Comment : Yes it is true. But at times girls family ends up paying heavily and with no respite.

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

COUNTER COMMENT: Wrong..The state will bear the expenses of the girls case as the criminal case is filed between the state and the husband and family members name..Girl only act as complainant and has to pay nothing..all cases have been filed at the place of residence and husband and his family members have to bear stigma for attending the court hearing on regular basis



16 Most often the lawyers tend to take the family for a ride to extract as much money as possible. 

 

Comment : Yes it is true. But such type of lawyers do behave so in every criminal case .

 

I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.

Counter Comments: Wrong Question remain why boy family sufferes Why its need to consider as 498-a as criminal offence..What’s the purpose of running trial against the husband and his relatives as 98% CASES are false and exaggregated



17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint. 

 

Comment : Yes it is true. But society has been so badly male dominated that before these laws woman had no place in society and had no human rights at all. 

 

Counter Comment: If the society has been male dominated for thousand years..Does the society gives the right to punish the coming generation of man because their forefathers according to today women has behaved badly

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded. 

 

Comment : Yes it is true. But there is tendancy that every defendant of civil suit tends to take benefit of slow legal process.  Woman is at the more vulnerable end and men take advantage where they can delay divorce.  Such laws help the couple to come to either quick conciliation or agree to leave each other for good.

Counter comments: Wrong 498-A is used as tool for bargaining maximum alimony by staking the life and carrer of the relatives of the husband..Its called legal extortion

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman. 


Comment : Yes it is true. But in most of the cases (mostly in rural) neighbours support male version blindly and depose so in court.

Counter Comment:  Wrong, Witness needs to be depose free anf fair manner


20 Some women marries an NRI and slaps a 498A case only to extort large sum of money 

 

Comment : Yes it is true. But some NRI grooms never come to noose of  civil or criminal law

Counter Comment: Wrong, Majority of  NRI has their aged parents living in India.Ladies even after getting divorce from foreign courts implicate and send old aged parents in jail for settling scores and in many case Look out notice to be issued aginst them

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation. 

 

Comment : Yes it is true. But police so do by using extra-legal power as a humane measure.
 Counter Comment: Wrong, Police get shares from recovery..U see where Police even refused to file FIR in cognizable cases easily files such cases .Don’t u see the corruption angle

 


22 The case can easily linger in the court for years and only the groom’s family has to pay the price. 


Comment : Yes it is true. But criminal proceedings are still faster than civil proceedings

Counter Comment: Wrong …Who says this? In criminal proceedings cases languished for several decades..How it could be faster??


23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance. 

 

Comment : Yes it is true. But in no criminal case the criminal liability extinguishes with civil relief.

Counter Comment: Wrong..If civil relief is not there..Does it make any sense to file criminal case against man??

24 There is no prohibition clause in the 498A law that would stop women to misuse it. 

 

Comment : Yes it is true. But if some such clause is inserted it will be used against genuine complainants and may defeat the purpose of law.

Counter Comment: Wrong..Law doesnot says that u punsh 98% for punishing the 2 % cases..Genuine complaints will not be reported and frivolous complaint get motivated on seeing the others

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

 

Comment : Yes it is true. But defamation is a non-cognizable case and you can register direct in court.

Counter Comment: Wrong..The accused person has already faced stigma..It will be double jeopardy if he institutes the trial..

 

The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas.

 

 

Comment : It is not true. In rural side there are alaternative remedies of social action against dowry demanders.  There is no such forum in urban areas.  The need for demand of dowry is more in richer society both in rural and urban life. 

Counter Comment: Wrong..Here the midlle class person are the worst sufferes..Rich people go for compromises and go for out of court settlement and those who could not pay the price face the Trial..Its RICH MAN LAW

 

 

If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy.

 

Comment : Need to pay dowry is the biggest motivation for corruption and the law needs to be accustomed to so. 

Counter Comment: Wrong ..Govt should focus on anti corruption laws and not the penal action against the husband and his relatives

 

There is no provision in law for girls parent who shower excessive dowry at time beyond boys capacity to use (i.e  primary teacher being given luxury car)

 

The law needs to be so strong that it should be the duty of the police to ensure that no marriage in there area are conducted with excessive pomp and show and each party must be made to submit return of martial expenses to IT deptt.  For groom/bide or their parents being Govt servants should be duty bund to submit report of expenses and CD of celebration to deptt

Counter Comment: Wrong..This happen only on paper as law is there but no one is implementing it Dowry Prohibition Rules 2

1 Like

Arjun   27 August 2017

Great 25 points

Today in India nothing is for men. All the males & their families strive from childhood till the age of 30years till they achieve some good education & job in life. But when a woman enters into their life she destroys everything very "legally". I have seen victims of male family members crying for even food & day to day expenses which becomes not bearable? The person who has not taken a single rupee from anybody in his life is held victim by these women biased laws. There is no protection of males from these biased laws. And our legal system you know very well which only knows to do extortion from men. It is not that people don’t know what is good or bad. But fact is our legal system doesn’t want take care of poor male child who is already harassed upto maximum. Today in India any women (irrespective of literate or illiterate, may be from city or village) takes benefit of these laws & do not fear for false allegations also.

Even if the male fights for proving his innocence, he loses a lot in this battle, loses money, name & also sometimes life by committing suicide.

Tell me one thing, if a male doesn't take any single rupee from anybody & if he falls prey to such women kanoon then how he will be saved.

I understand that this is women based society & also I respect every woman since I know that many of women are good also who are fighting today against these women biased laws. Mother is also a woman who wants to save her innocent boy.

Tell me one thing if women say ( may be false also ) that husband took money, then why women's are not punished for giving any money? It is not bribing, corruption to achieve something ? who's responsible for such corruption? Women should be strictly held responsible for all this nonsense.

I wish to lay some new rules for govt. for marriages in India as per below,

1. Tell all men not to marry in India. Educate them that they will have to face false cases under 498, 406, etc & will be harassed under these laws. Also there is no way a poor male child can be saved since there is no law which can save him.

2. Marriage in India to be only under contract, nobody gives anybody anything. A person who gives will be punished.

3. If anyone wants to separate, file application & separate happily. The separation will not give anybody anything.

4. Child care can be taken care sharing, or either as per their financial status. Nothing can be extorted in the name of the child. 

5. Both male & female earn separately & live life without any interference.

With such transparent rules only I think, the males can be saved.


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