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aatma   16 January 2009

Seminar on 498a misuse

Please attend this  seminar to save your family :

Seminar and Panel Discussion at Delhi on 17th JanuaryOrganized by "Rakshak Foundation"

" Marriage in Crisis: Restore hope for your Marriage"

  • Investigative report on misuse of 498a Dowry laws Click Here
  • Press Note - Marriage in Crisis, January 17th 2009 Click Here

    Venue : Tagore Hall, Scope Convention Centre, Scope Complex, Lodi Road, New Delhi – 110 003
    Speakers:
    Honorable Justice Kailash Gambhir (Judge, Delhi high Court)
    Dr. Jayanti Dutta, Professor, Delhi University
    Shri Poppinder Kumar

  • Seminar Details
    3 :00 -
    4:00 Speakers speak on their topics
    4:00 - 5:00 Panel Discussion

    5:00 - 6:00 Question & Answers
    Post 6:00 - Networking and Victim interviews

  • Attendance is free of cost. This event is for public benefit. If you wish to attend the seminar, wrie to us at: seminar@rakshakfoundation.org

  • Seminar Coordinator, Dr.Anupama Singh: 9810452017

  •  



    Learning

     22 Replies

    rajaraman anusha (advocate profession)     16 January 2009

    kindly arrange this type of seminar at chennai.I think one advocate forum from Madurai Bench of Madras high court started and fight for public cause.

    Sanjeev Tewatia (Advocate)     16 January 2009

    thanks for your information Aatma

    PALNITKAR V.V. (Lawyer)     16 January 2009

    thanks you. Misuse of Sec. 498A is growing and this has been confirmed by surveys.

    AEJAZ AHMED (Legal Consultant/Lawyer)     17 January 2009

    DEAR FRIENDS,


    Where is the question of "MIS-USE OF 498-A (OR DOWRY ACT) " ?


    Kindly go through this News:


    https://timesofindia.indiatimes.com/Cities/Lucknow/Man_shaves_wifes_head_for_bringing_inadequate_dowry/articleshow/3989626.cms


     Man Shaves Wife's Head For Bringing In-adequate Dowry


    16 Jan 2009, 1809 hrs IST, IANS

     

    LUCKNOW:


    A man shaved his wife's head and made her parade through a village in Uttar Pradesh after she failed to bring adequate dowry, a police 

    officer said Friday.


    The incident took place in Manikpur village of Mau district, about 300 km from Lucknow.


    Asha Devi, 27, was harassed by her husband Gunjan and other family members over dowry demands.


    "The father of the victim Ramshanker approached us Thursday after which the case was registered," Additional Superintendent of Police Diwakar Kumar said.


    He said Asha's father-in-law and mother-in-law have been arrested while the husband is at large.

    Kuljit Pal Singh (Legal Professional)     17 January 2009

    Dear Friends


    Every Coin has two sides... now that depends on our strong judicial system to decide the cases on merits. Even we lawyers can also do our bit to take genuine cases only and avoid dishonest pleadings.


    Regards


     

    gulshan chawla (advocate)     17 January 2009

    good work

    Sanjeev Tewatia (Advocate)     17 January 2009

    Please protact the real sufrer

    aatma   18 January 2009

    This is also NEWS


    Husbands, in-laws are easy scapegoats under provisions for dowry

    harrassment



    The city women have no other complaint against their husbands and in-

    laws, but just `dowry-demand' and related harassment.

    WHILE 99 per cent complaints received at the city's specialised ISO-

    9000 certified unit ¿ Woman and Child Support Unit ¿ corroborates this

    `myth', the truth is unveiled during investigations in such cases. As

    against more than 1,200-1,300 complaints under dowry provisions filed every year against husbands and in-laws, not more than 80-90 mature into criminal cases.



    Nearly 1,200 complaints have been received in the year 2007, as

    against the 1,150 complaints filed last year. More than 99 per cent of the complaints are based on dowry demand and the related ill

    treatment. While most of the complaints are found frivolous, no

    offence was made out during investigations in more than 50 per cent of the complaints in 2006 or 2007.



    "The trend of filing complaints against husbands and in-laws is

    picking up these days.
    Women, who are even married to places as

    distant as South India or distant areas in Punjab, Haryana and

    Himachal Pradesh are lodging complaints against their husbands and in-

    laws in Chandigarh, because of the designated unit here ¿ Woman and

    Child Support Unit ¿ that takes prompt action and summons the

    `culprits' in Chandigarh.



    The truth, however, is something else. "Mere confrontation and

    difference of opinion is misunderstood as harassment, whereas dowry provisions are considered only tools for `teaching a lesson' to the in-laws," says an investigating official posted at the Woman and Child Support Unit.



    Anushka, a Panchkula resident, who had lodged a complaint against her

    husband Manish, and his parents had been crying hoarse, accusing her

    husband and in-laws that they were demanding dowry from her. During

    the investigations, however, it came out that Manish's family was much

    more financially stronger than Anushka's and they had not even

    accepted a single penny as dowry at the time of marriage.



    Both parties were called to the Woman and Child Support Unit, and

    after repeated counselling sessions it came out that the husband and

    wife had developed an ego-hassle and the wife just wanted to teach him

    a lesson.



    In another such incident, Poornima Thakur, a Kalka resident, whose

    parents live in Chandigarh, had filed a complaint against her husband

    Arun, alleging demand for dowry from her parents. It was later found

    out that Arun's mother was not getting along well with Poornima, which

    had developed into frequent altercations between the two. "After our

    counselling, both Poornima and Arun have started living separately

    from their families, and have seen improvement in their matrimonial

    life," said the official who dealt with their case.



    "It becomes extremely difficult to assess the authenticity of the

    complaint, whether it any motive behind, or the woman is genuinely

    being harassed in the name of an evil like dowry. We thoroughly

    investigate the complaint and then only recommend registration of a

    case," said a senior police official.



    Procedures adopted



    * A complaint is received at the Woman and Child Support Unit (W&CSU).

    Both the parties (husband and wife) are summoned to the unit with

    their families and relatives.



    * Counselling sessions begin after recording statements of both

    parties at length.



    * Initially, the police officials posted at W&CSU conduct the

    counselling sessions, which are followed by the trained counsellors

    associated with various non-governmental organisations.



    * Most of the disputes get settled during counselling sessions.

    However, if during counselling, it appears that a woman is genuinely

    being harassed, the case is recommended against the guilty



    * A report is forwarded to the UT Inspector General of Police, without

    whose approval, no case is registered on charges of dowry



    Certain facts



    * When women write a complaint on their own, they mostly give the true picture of the trouble. The problem, however, arises when advocates

    draft such complaints. The advocates try to push in ingredients of dowry demand and maltreatment in the complaint, which is in a quantity that is sufficient enough to invoke criminal case against the husband and in-laws.



    * In certain cases, the dowry-provisions and complaints containing

    such provisions are being used to `extort' money from the in-laws and

    an easy way to show a `revengeful feeling'.




    https://www.screenindia.com/news/husbands-inlaws-are-easy-scapegoats-

    under-provisions-for-dowry-harrassment/248299/

    Sushil Kumar Bhatia (Advocate)     18 January 2009

    Dear


          The Enactment of 498A is in my is a sin in the society because in garb of this section Innocent persons pushed in behind the bars and spending more time and money for bail upto higher courts In one case when police arrested a married  sister in law she visited to her parents after the birth of her child  had 1 and half month old child in her lap was kept behind the bars the child suffered with diarrhoea and died within a day in this situation no one can compromise with her wife and daughter in law becasue of this act a deep cracks created between husband and wife

    AEJAZ AHMED (Legal Consultant/Lawyer)     19 January 2009

    AMENDMENT IN CrPC  MAY MAKE DOWRY LAW TOOTHLESS


    19 Jan 2009, 0043 hrs IST,  TNN


    NEW DELHI:


     Buried under vociferous calls by bar associations for court boycott and strikes, a largely unnoticed fallout of the CrPC amendments has  begun to bother astute legal observers in the capital. Had lawyers agitating against the amendments highlighted this instead of issuing threats to shut courts, they would have better mobilized public opinion against these amendments.


    For, once the amended law comes into force, Section 498A of IPC (dowry harassment) will become a toothless penal provision as errant husbands and in-laws will no longer face the possibility of being shunted to jail for harassment. The amendment empowers police to simply issue a ‘notice of appearance' to the accused instead of putting him behind bars in cases under Section 498A of IPC, which has a maximum punishment of three years.


    It also means the deterrent effect behind Section 498A — fear of arrest by police — evaporates. Experience has shown that, at present, in-laws and husband fall in line as soon as they realize they might be whisked away to jail by cops, and more often than not, readily undertake to take care of the victim before courts hear their anticipatory bail pleas.


    However, this might now change with the sting being taken out from the provision, says advocate Shipli Jain. She explains: "Almost half of the cases in criminal courts in Delhi are related to dowry-harassment bail pleas. We often notice that a husband and his parents become very forthcoming for a settlement when they realize a court might dismiss their bail applications. The amendment makes matters very easy and convenient for them. Most dowry cases get settled at the bail stage itself, something that won't happen now."


    But isn't the provision of arrest under 498A a grossly misused one? Jain counters by saying: "Lots of divorces have been saved because men are scared of throwing women out of the house lest they be booked under 498A. In a way, it is the most effective provision despite the presence of the special laws like Domestic Violence Act."


    Another noted women lawyer from Delhi, Minaxi Lekhi, also felt the CrPC changes will lead to problems: "At the end of the day, criminal laws mean threat of arrest."

    Anil Agrawal (Retired)     12 February 2009

     


    Read why CJI has said. The rest is history.

    Anil Agrawal (Retired)     12 February 2009

     Say that again! Strong judicial system? Where are you living?

    kuldip singh (HR Manager)     29 December 2009

    This is question to all the illuminaries of law..............and i want to now what can be done when a female falsely files for 498a.

    I knwo a person who got married recently and got wife who was already carrying a feotus inher womb 7 weeks old.............where in she also agreed to having an affair with someone else and got married to fulfill the desires of the family. Now, while she agreed for the divorce verbally..........she has gone ahead and filed for 498a..............inspte of not giving any dowry...............how do you propose to handle this and what is the fault of the guy..........pls advise

     

     

     

    Anil Agrawal (Retired)     29 December 2009

     Razor in the hands of monkey. What else?


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