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498Vict (None)     25 November 2013

How indian justice system be so crooked

When a 498a case is filed , 90% of times police might be sure that a case is false . How just on a complaint of a girl all relatives be arrested ? It DOES NOT make sense . Trust me I have gone through enough cases where it was murder case and chargesheet was not filed due to no enough evidences . But freaking 498a , how they trust that whatever girl says is true and arrests all relatives ? And our media is so eager to post that news . 

Another thing is adulterary , only men can be charged with it , are you serious ? So indian legal system thinks that female who was involved didnt have same s*xual organ as male she cant be charged ?

Domestic violence law is even gender neutral in all countries . Only india has such laws which are totally gender baised . And only these laws are creating more issues in indian families . 



Learning

 11 Replies

Udaya Shankar. C (Retired)     26 November 2013

Hello Dear Friend,     I am fully agreeing to your views. Indian laws are gender biased. Whenever any body approaches PS for filing complaint, they will dictate the FIR to the complainant which is stereo type. So that the opposite male member party will get panicky. some time PS people will threaten them with all abusive language and create terror. There must be some change in the laws. After introduction of 498 A,  the concerned agencies have vitually jumping to make good money  not in thousands but in laksh.

Advocate Ravinder (Advocate/Attorney)     01 December 2013

There are huge number of harassment and dowry deaths are going on in the society. Hence, the Government thought it right to eradicate  this menance. Government will go according to the statistics.  Before making any law it will go into depth and collect the information in detail from all concerned departments of the government including legal department and then come to conclusion to form and Act.  Sec. 498a is very rigid in nature i.e. it is cognizable, Non bailable, non compoundable offence.  The main intention of the government is to make the law rigid, in view of its growing incidents of dowry deaths and harassments.  If you imagine if the same harassment is caused to your sister or any of your womenfolk, instead of critiszing  you appreciate the law and you will change your decision immediately.  

498Vict (None)     05 December 2013

@Ravinder 

You said : "Government will go according to the statistics. " . 

 

With all respect , you are WRONG sir  . If you are saying that government is following statistics you are absolutely wrong . This forum is more than enough to know stats .  I didnt talk even talk about dowry death . I was talking about misuse of 498a . Its a criminal offense , but its like ordering Vadapau on streets . I dont know what statastics you are following . But even supreme court has called it Legal Terrorism . 

 

Here are some stats for your knowledge 

 

https://savebengalifamily.wordpress.com/498a-statistics/

https://terminatorak.wordpress.com/2011/09/27/498a-data-statistics/

 

 

"If you imagine if the same harassment is caused to your sister or any of your womenfolk, instead of critiszing  you appreciate the law and you will change your decision immediately.  "

 

 

You might already know that giving dowry is also a crime , so why government never punish girl or parents who writes in FIR that this amount of dowry was paid ? Isnt it gender biased ? Women cant be charged with adultery, isn't that gender biased ? Men cant file a domestic violence case against women , isn't that Gender Biased ? 

 

 

Why police will arrest people without any investigation at all ? Do you know that US government itself advices people not to travel to india when going through matrimonial dispute . Even foreign countries know about this crooked law . So please stop supporting it .  And there are more than enough stats on misuse of 498a , So please dont say that government is right about this law . 

 

"you appreciate the law and you will change your decision immediately.  "

 

My opinion about 498a will NEVER  EVER change .  I am going to do everything I can to create awareness among man before they fall in to hand of  such women and their misguiding advisor (Opportunistic people) who advice women to file 498a against in laws even when they were not harrased for dowry  but over small disputes like living with parents or when wife being pointed out of something wrong she is doing . 

https://www.deccanchronicle.com/131003/lifestyle-relationship/article/every-9-minutes-married-man-commits-suicide-india

https://mynation.wordpress.com/2007/07/14/csr-study-98-dowry-cases-498a-are-false/

https://www.mightylaws.in/600/unscrupulous-wives-victimizing-husbands-section-498a

https://www.498a.org/top25.htm

1 Like

Northern Queen (Manager)     10 December 2013

@Ravinder - get a grip man - who do you think you are trying to fool that this is a fair and just law.  You and your kind just make money out of these poor unsuspecting families.

 

Stastistics are clearly proving that IPC 498a is being misused.  It is failing the real victims and actually lining the pockets of the Advocates and fake trolls.  99% of the cases are all about A FAST DIVORCE PAYOUT and nothing at all to do with torture or cruelty or dowry. 

 

All those wicked trolls and the scumdog Advocates who actively encourage support them in filing fake FIR's for 498a should be locked up in jail with the innocent accused victims of IPC 498a - i'm sure some rough justice would be meted out.  It will be justified because it's no worse than the pain and suffering they will have inflicted on these victims. 

 

Rape, cruelty or dowry death must come under a separate law - and should be kept separate from divorce!  No other country in the world has this law - is it any wonder.

I agree that those guilty of henious crimes should be rightfully punished, but only after a fair investigation and trial.  Arresting someone just on the basis of an accusation, be it true or false, without an investigation is taking away their liberty and civil rights. 

 

It is not right that a troll can just say 'my father gave him 1 crore and he's asking for more' and the Police arrest the husband's whole family without any evidence or even checking the bank account of her father, who just so happens to be beggar. 

 

This is a 'bullsh*t law and just lines the pockets of all the corrupt Police (criminals in a uniform), Advocates, Judges (criminals in wigs), lowly beaurocrats (mickey mouse officials who think they are important but are acually public property) and clueless politicians (gangsters with blood on their hands).

 

Dowry is a menace, but IPC 498a should be scrapped as it's not helping the real victims, who now face the wrath of society because of all the trolls and Advocates that have corrupted the system.  In fact, it' a joke - a criminal law, written by criminals, promoted by criminals and used by criminals. Bravo - 3 cheers for Indian law, leading the way with such a barefaced and corrupt government and judicial system.

 

Please abolish or amend IPC 498a  and  lobby the government to make changes.  Be part of the solution, not part of the problem!

2 Like

vishak (manager)     11 December 2013

I totally agree with northern queen, at least it should not be cognisable offence.

1 Like

Advocate Ravinder (Advocate/Attorney)     16 December 2013

@498victim @northern queen:--

 

You said : "Government will go according to the statistics. " . With all respect , you are WRONG sir  . If you are saying that government is following statistics you are absolutely wrong . I dont know what statastics you are following . But even supreme court has called it Legal Terrorism . 


Though the Supreme Court called it as Legal Terrorism at the same time it said that it is not the fault of law.  The law is good, the only problem is with who misutilises it.  Hence, the supreme court had advised the concerned state government to make appropriate laws to control the Sec. 498a.

 

For each and every Act, there will some problems (side effects).  Naturally, some of the wicked persons may misuse it.  Hence, you cannot say that the whole Act should be removed.  For example in Tenancy matters,  the law had framed some rules to safeguard the tenant from illegally removing him from his possession.  Taking undue advantage of this protection, some of the cunning and wicked persons are misusing the law and demanding huge amounts to vacate the premises.  So you cannot say that the whole Rent Control Act should be removed. 

 

You might already know that giving dowry is also a crime , so why government never punish girl or parents who writes in FIR that this amount of dowry was paid ? Is not it gender biased ?

 

Definitely, giving dowry is also crime.  When the husband or his parents or his relatives lodges a complaint the police will register a case against the wife also.  But if there is considerable delay in giving a police complaint, then it will not be treated as dowry and cannot be termed as an offence.  The Supreme Court had stated in several judgements that the dowry (either it may be cash or gifts) given in the first instance i.e. at the time of marriage will be treated as the marriage gifts (when there is no complaint from either side) and it is not an offence.  Whatever dowry given thereafter can only be treated as dowry. 

 

Women cant be charged with adultery, isn't that gender biased ? Men cant file a domestic violence case against women , isn't that Gender Biased ? 

 

In the eye of law women is treated as a weak person and men is treated as an influencial, intelligent, wicked and strong person. Women cannot overtake men in any aspects.  Normally there are possibilities that the man can take women under his influence easily.  If any adultery is happened most of the fault will be laid on the men instead of woman, because men is stronger than women.  Apart from that if the name of the women is leaked out, most of the damage in reputation will be caused to woman compared to men.  In the society adultery by men is treated as an offence and sometimes it is treated as manliness/manhood and it is acceptable by the society.  Whereas in the case of women, it is treated as a sin.  Can you tell me why there is lot of difference in the acceptability for men and women for the same act of offence.  What do you say about this gender bias of the society. So, in my view this cannot be said as a gender bias, rather than it can be said as a protection to the women. 

 

Why police will arrest people without any investigation at all ?

Police will definitely do preliminary enquiry before making FIR.  Without making enquiry it will not register FIR. 

 

Do you know that US government itself advices people not to travel to india when going through matrimonial dispute . Even foreign countries know about this crooked law . So please stop supporting it .  And there are more than enough stats on misuse of 498a , So please dont say that government is right about this law . 

 

I do not know about the law of other countries.  Though the indian people are poor they are well cultured, traditional, pious, god fearing, the law is also based according to it.  We cannot compare indian law to other countries law.

 

As I told you above for each and every law there will be misuse of it,  you have to bring the misuse of the law to the notices of the court or concerned dept of government to get appropriate justice.  After bringing the sec. 498a, most of the dowry deaths, woman harassments have been under control.  

 

Stastistics are clearly proving that IPC 498a is being misused.  It is failing the real victims and actually lining the pockets of the Advocates and fake trolls.  99% of the cases are all about A FAST DIVORCE PAYOUT and nothing at all to do with torture or cruelty or dowry. 

 

I agree with your sir, in respect of your view in this regard that 95% cases are fake.  We can bring this fact to the notice of courts and governments so that they can modify the act.

 

As I already told above that though the Supreme Court called it as Legal Terrorism at the same time it said that it is not the fault of law.  The law is good, the only problem is with who misutilises it.  Hence, the supreme court had advised the concerned state government to make appropriate laws to control the Sec. 498a. So, we cannot brush aside the fact that after bringing the sec. 498a, most of the dowry deaths, woman harassments have been under control.  

 

India is great (Service)     16 December 2013

the biggest  prize  i paid after  being  framed in absolute false 498a is death of my beloved father . God will never excuse those mindless jokers who are responsible for early departure of my father from this world


(Guest)

A very straight forward and accurate reply given by Northern queen and 48avict


Whereras our Lawyer Mr.P.Ravinder himself admiting that law has been misused but he is making a mockery game on his own proffession.


Dear Mr. P.Ravinder,


I have the following question to you:


WHY 498A STATISTICS SHOWS THE ACCQUITAL RATE OF 98% and only 2% Conviction rate?


Why 498A is called the lawyers delight and paradise?


Why 498A is called the family breaker rather than family binder?


Why 498A is always framed to take vengeance and revenge rather than actual cruelty?


Why 498A statical report not shows the rural women as majority who files 498A on husband but 498A is over flooded with urban womens?


Why you not suggest your sister or wife or mother to file 498A on your BIL or Yourself or on your Father for every disputes in marital life?


Dear Mr. Lawyer if you are a genuine person born with loyality and humanity then you will not speak the version of biasness.

But We all common people knows very well that you lawyers bread and butter are only fullfiled by 498A ,DVA ,maintenance cases and other women oriented laws.


And for you this 498A is something like Godess Lakshmi (godess of money) so how could you blame and speak a different tone on common issue related to misuse of law in majority inside India rather than minority.


And now for god sake don't disguise yourself on fake/Real case of Rape,dowry death,molestation which are covered and repeatedly broadcast by media for the sake of TRP but they never listen or cover the pain of men who are in lakhs are suffering each day mentally,finacially and emotionaly by their wicked wives and their adulterous wives and their unscrupulous wives.

For them there is no law, there is no commission,there is no ministry,there is no a single department where these left alone creatures should go and atleast cry for their pain.


My dear Lawyer, Speaking a common issue is different thing but treating it uncommonly is another thing which our all minsiters,lawyers,judiciary and all women supporters just speak the common version just to save their skin as today women had become even more weaker inspite of overdose of empowerment.

It's India's bad fate that Still women are assumed as weaker creatures and even though they want to be a powerfull and self dependant but then also these fake women laws pull them back to sit like parasites for the society.....A very pity state for women.

 

In 2005 HSA has been changed for women that they have equall rights in properties with their brothers but how many have got their rights?

Their father and brother speak about dowry but they are not dowry as they are their own stridhan which are given instead of their shares.But why this issue on dowry has been raised when a marriage fails?

 

At starting every parents of a girl are ready to pay according to his status even though the bride groom is not a single person left for them and even they doesn't force them that no you have to pay dowry for me only the person left on this earth to whom your daughter will marry. It's their wish that they pay dowry and do expenses on marriage to just please the society.

 

My dear Lawyer P.Ravinder when you are ready for debate then come out with my all question marks sentences.

Then we will have a fair discussion on this with all possibilities.

 

Thanks & regards

 

(ESIS)










2 Like

HelpMePlease (Sr. Software Developer)     17 December 2013

I totally agree with northern queen.. I'm also victim of FALSE 498a..

Though I'm orphan, and living with little sister and wife.. Though there is maid for every work(cloths, pot and cooking).. My wife is independent working women.. I support my wife in her career and higher education.. Though from minor misunderstandings my wife files 498a against me and my sister.. I'm very much shock..

1 Like

India is great (Service)     18 December 2013

Justice Malimath Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 observed the following and gave the recommendation to amend the law immediately:

         “16.4.4. Less tolerant, impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to fire, if the husband cannot pay. She may change her mind and get into the mood to forget and forgive. The husband may realize the mistakes committed and come forward to turn a new leaf for a loving and cordial relationship. The woman may like to seek reconciliation. But this may not be possible due to the legal obstacles. Even if she wishes to make amends by withdrawing the complaint, she can not do so as the offence is non compoundable. The doors for returning to family life stand closed. She is thus left at the mercy of her natal family.

 

      16.4.5.  This section, therefore, helps neither the wife nor the husband. The offence being non-bailable and non compoundable, makes an innocent person undergo stigmatization and hardship. Heartless provisions that make the offence non-bailable and non-compoundable operate against reconciliations. It is therefore necessary to make this offence (a) bailable and (b) compoundable to give a chance to the spouses to come together.”

vishak (manager)     19 December 2013

Will be a welcome move, if considered


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