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Is settlement of 498A case a good reason to call it false?

Page no : 3

hema (law officer)     29 July 2011

It is not the case of either roshini or princess that 98% of those cases are false.  The rhetoric created by socalled 498-A victims on several web-sites more particularly on this web-site gave impression to the public that 98% of those cases are false.  Especially the organisations in the name of protecting men's rights and fighting against biased laws propagating these false statistics for vested interests.  Another Gobbel's false propoganda is that as the suicidal incidents were more in men than women, so, they want to repeal of Section 304-B.  About this particular point, as and when I find time, I deal with in detail.

coming to about repeated saying that 98% cases are fake - totally false propoganda by vested interests to deprive the eligible women to enforce their rights under Section 498-A and DV Act.

National Crime Record Bureau released its statistics.  As per 2009 statistics, in respect of Section 498-A cases, the conviction rate is 18%.  Along with it, the conviction rates in respect of other crimes S.302, Section 376, S. 394, S. 307 IPC etc were given.  The conviction rate is very low indicating the ineffeciency in investigative and prosecution procedure including the corrupt methods adopted by investigative agencies to catch a wrong person as accused.  In some cases, it is known accused is really a culprit, the investigative and prosecuting agencies are receiving bribes and are diluting the evidence to be led before the court.

My final view point is that less conviction cannot make a statutory provision redundant.  The people argue that as there is less conviction in Section 498-A, it has to be scrapped, then similar voices also raise in respect of all other provisions of criminal laws, as the conviction rate is so low.

karan singh (none)     29 July 2011

@"The rhetoric created by socalled 498-A victims on several web-sites more particularly on this web-site gave impression to the public that 98% of those cases are false........"

I agree with the above comment.

 

In India attrocities on women by in laws still prevails to a large extent and I am sure that true incidents of the same is far more that 3% of  family issue and since 498A deals with the same it is illogical to say that 98% of them are false.

If you say that then do you mean to say that in india attrocities on women by in laws is just 3% of what is claimed?

come on man we are far to behind on claiming the data


(Guest)

women activist Is the argument made only to counter the percentage of false cases or all together terming 498 cases as genuinely filed by each wife as truth. What are your views in cases which have been fought and found false. A legal terrorism against husband in the society??

karan singh (none)     30 July 2011

@Manger- The number of cases found false is not yet of that extent that you can generalise it and call it a national issue or as you termed it as legal terrorism in the society against men.However attrocities on women in famiies is definitely a national issue with a long existing history.

"What are your views in cases which have been fought and found false"

Such cases would be considered as a subset of  false cases,which also incudes other false ccases.

Kunal (uniworldunitech@gmail.com)     30 July 2011

@ hemaji It is not the case of either roshini or princess that 98% of those cases are false.  The rhetoric created by socalled 498-A victims on several web-sites more particularly on this web-site gave impression to the public that 98% of those cases are false.  Especially the organisations in the name of protecting men's rights and fighting against biased laws propagating these false statistics for vested interests.  So your and other comrades agree that there is a mass scale usaged of 498a, and there is a big uproar on the way of it being abused by wives.all these sites are started and supported by the accused of 498a who are not having any legal bond or union other than the fact that they all feel and describe this act as henious. By virtue of the fact that such large scale discussion on the way the law is abused has been accepted by various courts in several states and supreme court calling the law as a tool of legal terrorism. There are more number of women centric organisations than any 498a victims sites or organisations which are formed and also recognised by the goverment who also fail to match the uproar of 498a victims. In any ideal sitution these women rights organisation would have done all that is needed for the cause of women rights. The very fact that the rights of women has been recognized by the government is a result of all these women activist  and organization. One of the result of this acknowledgment by government is 498a. And today the same law department has also recognized that law is being abused and proposed changes to it. "National Crime Record Bureau released its statistics.  As per 2009 statistics, in respect of Section 498-A cases, the conviction rate is 18%.  Along with it, the conviction rates in respect of other crimes S.302, Section 376, S. 394, S. 307 IPC etc were given. " Its true  and It shows that this should be considered as correct picture of usage of 498a. The very fact that the other crime accused have not expressed their opinion on a mass scale  on it's misuse concludes that these sections  have some substances. "The people argue that as there is less conviction in Section 498-A, it has to be scrapped, then similar voices also raise in respect of all other provisions of criminal laws, as the conviction rate is so low." I think you have misunderstood the argument here. What people are saying is that when sections like 498a are shaking the institution OF marriage, when the bond of union is being done with the fear of abuse of 498a, then it's high time that the sections should be amended. The same is in process in our law department. BY THE WAY THE THREAD WAS STARTED TO  CHALLENGE THE % of FALSE 498A. I BELIEVE THE VERY BASIS OF CHALLENGE HAS FALLEN APART AS ROSHINI COULD NOT PROVIDE THE DATA SOURCE. SHE HAS BEEN FIGHTING AN IMAGINATIVE CASE. my genuine opinion - there is women oppression and a law is required to stop it but not at the expense of husband oppression. WE HAVE DOMESTIC CRIME BUT IN ORDER TO STOP IT WE ARE LEADING TOWARDS GLOBAL CRIME.

Kunal (uniworldunitech@gmail.com)     30 July 2011

@ hemaji

It is not the case of either roshini or princess that 98% of those cases are false.  The rhetoric created by socalled 498-A victims on several web-sites more particularly on this web-site gave impression to the public that 98% of those cases are false.  Especially the organisations in the name of protecting men's rights and fighting against biased laws propagating these false statistics for vested interests. 

 

So your and other comrades agree that there is a mass scale usaged of 498a, and there is a big uproar on the way of it being abused by wives.all these sites are started and supported by the accused of 498a who are not having any legal bond or union other than the fact that they all feel and describe this act as henious. By virtue of the fact that such large scale discussion on the way the law is abused has been accepted by various courts in several states and supreme court calling the law as a tool of legal terrorism. There are more number of women centric organisations than any 498a victims sites or organisations which are formed and also recognised by the goverment who also fail to match the uproar of 498a victims. In any ideal sitution these women rights organisation would have done all that is needed for the cause of women rights. The very fact that the rights of women has been recognized by the government is a result of all these women activist  and organization. One of the result of this acknowledgment by government is 498a. And today the same law department has also recognized that law is being abused and proposed changes to it.

"National Crime Record Bureau released its statistics.  As per 2009 statistics, in respect of Section 498-A cases, the conviction rate is 18%.  Along with it, the conviction rates in respect of other crimes S.302, Section 376, S. 394, S. 307 IPC etc were given. "

 

Its true  and It shows that this should be considered as correct picture of usage of 498a. The very fact that the other crime accused have not expressed their opinion on a mass scale  on it's misuse concludes that these sections  have some substances.

"The people argue that as there is less conviction in Section 498-A, it has to be scrapped, then similar voices also raise in respect of all other provisions of criminal laws, as the conviction rate is so low."

 

I think you have misunderstood the argument here. What people are saying is that when sections like 498a are shaking the institution OF marriage, when the bond of union is being formed with the fear of abuse of 498a, then it's high time that the sections should be amended. The same is in process in our law department.

BY THE WAY THE THREAD WAS STARTED TO  CHALLENGE THE % of FALSE 498A. I BELIEVE THE VERY BASIS OF CHALLENGE HAS FALLEN APART AS ROSHINI COULD NOT PROVIDE THE DATA SOURCE. SHE HAS BEEN FIGHTING AN IMAGINATIVE CASE.

 

 My genuine opinion - there is women oppression and a law is required to stop it but not at the expense of husband oppression. WE HAVE DOMESTIC CRIME BUT IN ORDER TO STOP IT WE ARE LEADING TOWARDS GLOBAL CRIME.

Mentally Depressed (will tell you later)     30 July 2011

law is not meant that you punish innocent 498A AND DV ACT ARE THE DRACONIAN LAWS IN THE INDIAN LEGAL SYSTEM AND ITS NEEDS TO BE AMMENDED

If you believe this

Then according to you dropping of atom bomb in hiroshima and nagasaki is correct

The act is not creator but destroyer

It common saying that it correct to release 100 culprits rather than punishing one innocent

If all believe against this policy then what happens..

Suppose some terrorists take shelter in colony . It means that according you the soldiers have to kill all the innocents in order to kill the terrorist

Madam ji, In that case also the terrorists evades and only innocent killed


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