LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Agneepath (Software Engineer)     11 November 2011

A national database of 498a women and family

Hello,

All of you are aware of the rampant misuse of the IPC 498a which is continuing and ever increasing - partly due to criminal minded wife's families, and partly due to those lawyers for whom money is everything and morality is nothing who suggest putting these false cases.

Anyway, the post is about requesting legal advise on starting a national internet database of all girls who file false 498a cases, so that no one can be their 'next victim'. The questions are:

Can we create a publicly searchable database - putting a copy of the FIR they lodged, pictures of the false  '498a wife' and her family members as well? It is quite clear that a criminal mentality father will do the same for his other daughters. But doing this, can someone sue us or is there something illegal in this? This will also allow people to do a city wise search of 498a women with pictures.

A team of people will make sure that the case was false. Most of them are false for educated wives anyway.

Just wanted to know the legal problems in doing such activity.

Thanks,

Agneepath



Learning

 21 Replies


(Guest)

Don't use the world false but you can create such a database in thye National/Public Interest which can be effectively used to file public interest cases for rendering void 498a cases when divorce cases with same or different charges.If charges are the same in Civil Divorce as well in 498a, then American position of double jeopardy can be brought closer  article 20 of Indian Constitution. In any case one of the two cases can be stayed if Indian Judges are not educated on the meaning of Double Jeopardy. If charges are different then perjury proccedings can be brought against wives who engage foolish and greedy advocates.

Rajeev Kumar (Lawyer/Advocate)     11 November 2011

I do agree with Randhir

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

Impractical suggestion.

 

1,50,000 cases filed every year, total of less than 5000 active on all forums combined.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

Home Ministry's Bureau of Research has a large database. Try National Commission for Women where they do nothing except collect stats.

Ankitaaaaa (Legal)     11 November 2011

The suggestion is really good but  in my opinion not legally feasible:

1. As getting the said info of FIR filed with police would be an issue wherein the confiendiality of the woman to be maintained by police is the main issue.

2. The said woman may sue the website owner for defamaing and placining malicious information regarding the woman .

3. Further many woman welfare organisation may take it up strictly that the site trying to balme and bar genuine woman from raising their voice, as fear being tagged as false by this site.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 November 2011

Mr. Kapoor is right

A1981 (abc)     11 November 2011

The end result would be kind of social boycott for both misusers as well as sufferers. It would be kind of pre-background check facility before marriage.

The idea is good but will lead lot of families into trouble. That inturn can shape-up in legal and political trouble.

 

My thought to achieve this - 

1. The best way is just use the public information of each matter in your data base and thier status. no personal opinions and unpublished information. 

 

2. Open user interface to show that they can enter their case info and status (customize the interface to record facts only). Do not collect data from yourself.


Agneepath (Software Engineer)     12 November 2011

Thanks everyone... Really valuable suggestions.

@Shonee,

I don't know how is it impractical. Having a big database is not a problem, and it will just be a webpage where people can submit the details to start with. Whatever is the total number of cases, it would depend on the people to come to the website and add the details. 5000 is better than zero. There was a woman who married 10 times and took money each time by divorce. Rest is all upto the website, how it enables an easy data entry, and a really *easy search* of those 498a girls. Then as the website grows up, it can file RTIs to various departments to get more and more copies of FIRs itself.

@all, so I gather from the replies,

(i) Using the word, and verifying 'false' might be dangerous. Avoiding it. No problem.

(ii). No personal information/crying stories from the submitter. Only factual information.

(iii). Only publicly available information, so that those NCW and other women biased organizations cannot do anything.

 

So the further questions are:

(i). An FIR is already a publicly available information right? (People can get certified (scanned) copies of their own 498a FIRs, with mandatory fields like FIR number, Police Station, city before entering their data). So how is confidentiality an issue here?

(ii). Important : Would we still be able to post a picture of the 498a wife? If not her alone, can we post the 'combined' picture of husband and wife, the 'copyrights' of which is with the husband - and he can 'Grant the rights of using it publicly' to the website?

(iii). Same goes with the whole family - can we publicly post a picture of Girl's whole family, taken in the marriage by husband's side photographer?

(iv). Can the woman still sue the website? Or women organizations can still bring it down?

(I might not be available on internet for next 4-5 days, going to fight my own false case :) , but will wait for everyone's response.

Thanks,

Agneepath

Agneepath (Software Engineer)     12 November 2011

Also, please note that having a picture is the essence of developing this website - without which there's no use of it. If we cannot upload an image directly, please suggest some 'workaround' method for indirectly doing it using your experience of 'kaanooni daanvpench'...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

OHK, I would agree if you can muster support of 100 individuals to post with their name, then I would provide a database of 2000+ people who have contacted me directly for help at some stage or the other.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 November 2011

People are suffering but still every body has ego and no coopration tendancy at all.

Some person from Gujrat recently was on fast at Delhi in this matter and we offered our expertise for media  management but they were so over confident  that the press and TY will come in hordes and the law minister will be waiting for talks to them.

 

WHEN NOTHING HAPPENED HE JUST BROKE HIS FAST. SO WAS THE CASE FOR BANGALORE GROPUP , FEW PEOPLE ON DHARNA AND EXPECTING EXPLOSION OF PUBLICITY AND EXCEPT FEW  MOBILE CA,MERAS NOTHING HAPPED SO THEIR SPRITS EVOPARATED.

You can not become Anna overnight.

Ankitaaaaa (Legal)     14 November 2011

The Copy of FIR filed by a person is ok but how will you get to ascertain the FIR filed by other women at different police station, will police entertain this request .

The question of the complaint being true otr false depends on the final closure report released by the Police regarding investigation, which accordingly to me is not publicly available.

 

Further, posting of picture wherein the husband too is their in picture would again turn out to be dangerous to the Husband, the wife can add this to the alreadly filed complaints that , he mentally harasiing her and trying to tarnish her social image.

Sandeep Naik (Advocate)     15 November 2011

Yes I will be the pirst person to join if I find that the said section is misused for the benefit of somebody.

Advocate Sandeep Naik

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

:-)

 

It is an impractical idea.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query