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renu (consultant)     25 February 2010

Who No Action on False 498A

Since I join Lawyersclub, every day i am reading the Lawyer's comments that 498A is being misused. My question is with all honourable lawyers that why they are not talking any action on fraud case, 99% cases are fraud as every one knows.

I am asking a simple question is there any simple way to get rid of 498A or a person need to fight simply for his lifetime, why no one is challeging the Indian Law if the Law is being misused. Please tell me the shortest and simple way out to close this non sense case


 33 Replies

Gundlapallis (Advocate)     25 February 2010

Shortest and simplest way to end the nonsense??  Yes there indeed is ! step 1:  get elected to Parliament step 2: become law minister  step 3: call for review of the law step 4: simply scrap with a simple bill basing on review material.  Plz proceed.

498A had been introduced into criminal law after experiences of 1000s of dowry deaths and untold sufferings by women.  After pooling of deliberations of legal and social intelligentia the section was introduced for protection of poor women who are exposed to dowry related harrassments.  But, unfortunately this has become a undue weapon for misuse to  the same 'womenkind' who intend to harrass their husbands' even at cost of their own marriage.  

Misuses are highlighted but how many 'uses' you heard about?  Positively there are lots of.  This section is nodoubt protecting the deserved women.  Somany women are protected and live unharmed just because of existence of this section in criminal law and thanks to generation of its awareness among masses mostly, by misusers!. 

Just because there is an infection in the eye we dont remove our eye rather we try to treat it and protect it from further contamination and blindness.  The same way, this social contamination caused by the misuse of 498A should have a proper treatment, else it will ruin the unique 'indian family' setup - and all such valuable deliberations on treatment to 498A social contamination, you collect here from this thread compile them send to our law ministry.  Thats the best an ordinary can do.

2 Like

Swami Sadashiva Brahmendra Sar (Nil)     25 February 2010

I can feel the resentment expressed in this query. But it is for legislature to take steps . Feminist movements, presure of westurn contries ( who are gealous to our healthy family and joint family system), media and globalisation are also responsible in distroying our family.

Binod Kumar Mishra (Government Service)     25 February 2010

Respected Tripathi Sir,

can the lawyer franternity take some steps (irrespective of the fact that they are professional) to get rid of this issue. in fact the lawyers too are a human being and have a moral responsibility towards the society.

Anil Agrawal (Retired)     25 February 2010

Neither the lawyers fraternity nor even the Supreme Court do anything to change the law. I heard a story in my childhood which ran like this:

To kill a snake, you get a mongoose. To kill a mongoose, you get a lion. But to kill a lion? Whom to get?

Thank the brute majority and Congress for the mess.

1 Like

dilip (Advocate)     25 February 2010

There cannot be any action against the false cases except the accused prove his defence in that way and the courts impose the fine or compensation for that, the another way to get the law changed by parliament which is next to impossible in as much as the women strata is considered to be downtrodden.

Rajesh Kumar (Advocate)     25 February 2010

Men need to organise themselves. Even is a miniscule minority- may be 5% of the man will start opposing the laws, the law will change. There is a powerful movement going on. I think it will attain critical mass soon.

Gundlapallis (Advocate)     25 February 2010

My dear learned friends!

This topic would achieve its objective if we contribute our ideas on what should we (society as whole) do for containing the misuse of 498A rather than expressing desperation.

I personally feel and identify the problem with decline of morality in the growingly materialistic society is root causing this misuse.  We all know Most women misuse this either for taking revenge (moral decline) or for blackmailing more money (materialistic greed) from the husband's family.  

It would be highly appreaciable if we continue this thread with some useful inputs and information to help to  prevent its misuse.  Thank you. 

Rajesh Kumar (Advocate)     26 February 2010

I dont believe that law is an expression of morality- real laws are expression of power structure in the society. Unless until that power structure is changed, law will not be changed. Hence we need a powerful masculism movement to change this and other laws discriminating against men.

Aftab4u (PVT EMPLOYEE)     27 February 2010

Friends and respected seniors,


The one solution for false 498A is " Dont marry till the section demolish from the law"



Rajesh Kumar (Advocate)     28 February 2010

I see such laws as a symptom of deeper desease of gender discrimination against men, where men are treated as slaves- a beast of burden. And the discrimination starts with admission in nursery school- I was aghast to see gender discrimination in nursery school admission. 5 points to girl child just for being a girl child- and the boy child is denied admission in any good school. The state must feel shamed for discriminating against boy child, even before he has gone to nursery school.

From this gender discrimination even the toddlers are not spared.

Anil Agrawal (Retired)     28 February 2010

Don't and till. What else?

Rajesh Kumar (Advocate)     28 February 2010

The first thing which is required is "speaking up". Speak up against gender discrimination. Let your friends/collegues/family members know that you oppose gender discrimination. Let messages against gender discrimination be available on your profile/facebook/orkut pages. Vote against political formation perpetuating gender discrimination...............

Thus non married people can follow "Don't and till", other can do the abovesaid things.

Anil Agrawal (Retired)     28 February 2010

Cry in wilderness.

Rajesh Kumar (Advocate)     28 February 2010

That is a great advice.

When Hastinapur was divided, Pandavas was given the wild territory of Khandavprastha. They were sent there to cry in wilderness................. and Indraprastha was created. Indraprastha can only be created in wilderness. Let us cry there.

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