498a-who,when,why,what

very good questions nina or debbie, if my knowledge serves me right, i think this was introduced by indira gandhi in the year 1983, it is believed by some to be unconstitutional, about parliament you know india and vote bank politics. we don't know everyone's lives, judges are the people who hear case after case every hour of the day, so they are more likely to know realities of life in india. in india people are always in a kind of sadistic high and they reflexively hurt and antagonise poeple.

good question.

Payment of a dowry, gift—often financial, has a long history in many parts of the world. In India, the payment of a dowry was prohibited in 1961 under Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code were enacted to make it easier for the wife to seek redress from potential harassment by the husband's family. Dowry laws have come under criticism as they have been misused by women and their families.

In India, there are civil laws, criminal laws and special legislative acts against the tradition of Dowry. Someone accused of taking dowry is therefore subject to a multiplicity of legal processes.

Section 498A was inserted into the Indian Penal Code in 1983 via an amendment. It reads: 498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, "cruelty" means- (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.[9] This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable. Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent. After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint. Status of Second wife under Anti-Dowry Law- I [2008] DMC 279- Bombay High Court- Justice C.L. Pangarkar —Ranjana Gopalrao Thorat Vs. State of Maharashatra- Hindu Marriage Act,1955—Section 17—Bigamy—Second wife cannot assume a character as wife--- It is no marriage in eyes of law—[Pg.280 {Para6}]-- Indian Penal Code—Section 498A—cruelty—word “relative”—meaning of- “Person who is related to husband either by blood or marriage—Thus she does not fall within scope of Section 498A-- Indian Penal Code— Pg.280 {Para6}] "Every Suicide After Marriage cannot be presumed to be Suicide due to Dowry Demand"- 2011[1] JCC Page No.668- In The High Court of Delhi- Hon’ble Mr. Justice Shiv Narayan Dhingra- Dated: - 2 December 2010- Rani Vs. State of NCT of Delhi- Criminal Appeal No. 93 of 2004- Indian Penal Code, 1860- Section 304B/ 498A Read With Section 34- Conviction- allegation of demanding of Rs.50,000/- and scooter were vague in nature- Whether it was done by husband, mother-in-law or father-in-law- Answers to all these questions are absent—Ingredients of Section 304B IPC were totally absent- Unnatural Death can be called a dowry death only if after making a demand made by accused is not fulfilled by perpetuation of cruelty upon the victim- The list of dowry show that both parties belonged to poor strata of society- No evidence, whatsoever was collected by police about the real facts- Every suicide after marriage cannot be presumed to be a suicide due to dowry demand- The tendency of the court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck. [edit]Domestic Violence Act (2005/2006) Main article: Protection of Women from Domestic Violence Act 2005 The above being criminal remedies, a civil remedy was brought into the picture in 2005 (amended in 2006). This was called the "Protection of Women from Domestic Violence Act". For the purpose of this act, Domestic Violence includes the demand for dowry: For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, s*xual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.[10] This Act empowered the lower courts to issue "protection orders" on the complaint of a woman against her male relatives. The protection orders could include restraining orders on the husband and others, monetary compensation, and residence orders. Though it is a Civil remedy, violation of protection orders result in Criminal penalties (including imprisonment). [edit]Criticism of Anti-Dowry Laws

you may have got your answer 

You gott the details from Rajkumarlaxan.  But regarding report is submitted before the Govt., that 498A is legal terriorism.

1.In view of laws like 498a can a Hindu Marriage be called divine or sacramental?

Meaning of Sacramental:

https://en.wikipedia.org/wiki/Sacrament

2.  HMA is wrong in many places of Prohibited Degrees of Relationships. Male Invests 3/4th of his genes in sisters daughter [Fischer, Wilson, Lorenz,Eibeldffeld, Samuelson].

3, How can a divine marriage become so malignant or s devil's marriage.

I'm getting suspicious of the Constitutionality [Lack of spirit of scientific temper] of 498a as well HMA in its 1955 form

After feed back and stats collection will post an article somewher if banned here. Don't understand indiscriminate banning going on here.

Read any commentray on IPC you would get the answers.

Even today in most marriages dowry is big consideration. Specially in my community. The genetic and cultural defect comes up in many and they remain dissatisfied post marriage and start dowery demands, taunting, harrassment etc etc. 

Thousands of brides have lost their lives just after marriage. Finally a not very strong act was enacted. So the atrocities continue on bride and bride side. 

 How to stop that : 

1. Girls must be made strong and taught martial arts as compulsory subjest. 

2. Man and their side must be taught repercussions of 498A and other laws much before marriage. 

3. Both side must be taught to use secret gadgets and detectives. 

4. Small fights, issues, and other distubing factors are not dealt immediately with unbias, strong hand and then incorrigible person/persons ( be it bride or groom) keep repeating same and one day it blasts in big way like volcano. So able interference must be rendered without any delay but in most cases both sides first ignore and fear to intervene and then it is too late and only thing they do is gun for each other. 

5. A declaration of assurance by both side  that no extra marital  relations exists and no force is used on them for this marriage ( for reasons of Samaj/ dowery/ status) , physical examination and cerification that they r both fit to enjoy marital ( physical ) relationships, declaration of  health issues if any so no other side feels cheated and then taunts, certificate of income by boy, his parents, and other claims made by boy side must be in writing. 

6. Marriage should be compulsoryly registerd before registrar. And all witness to marriage including pandit and mullas be punished in marriages are solumnised without due registration. 

7. All the friends and relatives who knowingly hide major issues like sever ailments, extra / illcit relations and such other major issues which can culminate in to disaster in the life of those innocent be it from boy or girl side must be severly punished. 

8. Sex eduaction and enrichment of marital relationship , spiritualism must be made compulsory in schools and colleges as on the success of that depends the happiness of all family members.

And lot many marriages can be saved if friends of boy or girls are honest and bold and see that thier friend marries the one he loves or does not marry the one because the parents are forcing. But unfortunately there r some spineless, courageless, misguiding friends who want to encash even from so called friendship and thrieve. If a friend is a friend and sees antthing wrong happening then first warn him and if they fail then they must distance from any wrong actions of boy / girl or their family and should not be a part of sinister design of thier friend / parents. But When Duryodhan / Ravan had full army  of friends and relatived with them and Draupadi chirharan and Sita haran was done befoer their eyes and yet sideed Ravan and Duryodhan. Though they all then died. Now it is pancham kal so there r worst then that happenings and most of us burn effigy of Ravan but on the other hand participate crually in victimising a innocent girl and their family. May be they have genes of Ravan,