kshah 452 Report post Posted April 9, 2011 After posting few lines in India against corruption thread regarding gender biased laws of India like (Read more here http://en.wikipedia.org/wiki/Dowry_law_in_India , there are links to main articles from here) kind words and concern of Racoon and Digitalvirvana gave courage to me to post this and I decided to post this thread to create necessary awareness amongst rimwebians. My story in brief http://www.498a.dreamhosters.com/forum/viewtopic.php?f=1&t=6181 (I have not posted any post marital issues in very much in detail) I am not posting my view points as every one has right to make judgment based on own understanding. i. The Dowry Prohibition Act , 1961 ii. The Immoral Traffic (Prevention) Act , 1956 iii. The Indecent Representation of Women (Prohibition) Act , 1986 iv. The Commission of Sati (Prevention) Act , 1987 v. The National Commission for Women Act , 1990 vi. The Protection of Women from Domestic Violence Act , 2005. vii. THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSEMENT AT WORKPLACE (Read act here http://wcd.nic.in/protshbill2007.htm and see definition of sexual harassment and imagine what woman can do to male employee) If one goes thru all these laws it appears that they are designed to provide better environment to women in our society, however the fact is that these laws are misused more than used. Reason is very simple corrupt law enforcing machinery and greed of women. Legally men is responsible to maintain well earning, well settled women. Once men gets married means he is suppose to fulfill all needs of women. I have come across very funny DV act cases like husband refused to take wife to restaurant for dinner and made comment that "SLEEP HUNGRY" means cruelty to woman. Statistically there are very small numbers of cases filed every year. However if one look at the number of people harassed viz a viz number of people convicted, there is clear cut indication that there is some thing wrong with either law enforcing machinery or law drafting machinery or probably our understanding of family. Read statistics here http://data.498a.org/ IMO Matrimonial disputes are ideally civil type of disputes - except where death has taken place. Legally dowry is prohibited. Means giving or taking dowry is crime, then why only takers are prosecuted? There has been no incidence (atleast in my knowledge) where dowry giver is ever prosecuted. Law also should take customary exchange of gifts, money and articles exchanged in marriages into consideration. There has to be consideration of economical, educational and social back ground of women while awarding any relief to woman. Further suggested readings http://www.mynation.net Discussion forum http://forum.498a.org/ Right now Government of India has posted Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code http://lawcommissionofindia.nic.in/reports/cp-s498.doc Where they have asked suggestions regarding draconian IPC 498A, kindly read and send them email or letters by post. I am uploading reply I made them for reference. Reason for posting this letter is obvious that unless one do not go thru' legal hassles its very difficult to understand meanings of each sentences and words used. draft reply to law comission.doc 5 Share this post Link to post Share on other sites
digitalnirvana 646 Report post Posted April 9, 2011 It takes a man of courage and conviction to share the information that you have done. I respect you for that. I also feel your pain, believe me, these are not empty words. Wish you the best in your life. Share this post Link to post Share on other sites
Karthik R 246 Report post Posted April 9, 2011 Dear Kshah, I am deeply moved on reading your story posted in the other forum. Going through a divorce can be such an ordeal. Some people make the mistake of thinking of it as a mere legal procedure, when it is really much more of an emotional battle than anything else.. I want you to know that I understand what you are going through and that you have my sympathy and support. It takes bravery, courage and strength to get through a divorce and you are gifted with all three. Keep fighting. Please remember that you are in my thoughts during this difficult time and I pray that you and your son will get through this sad chapter pretty soon. Regards. Share this post Link to post Share on other sites
rajanmehta 4,056 Report post Posted April 9, 2011 It requires immense courage to share such a personal thing on an open forum & i salute kshah for that... And also for putting up the entire thing with all relevant background information.. Reading the entire thing what you have gone through is heart wrenching. Would be very easy for non affected person to say MOVE ON, battle or have hope... But still i would say the same thing... Once you are through with it.. Get Over.. Move On... And Rebuild Your Remaining Life to the Fullest... Have a partner... Don't loose hope in LOVE... Remember what Jains believe in... This human life is precious & one does not know after how many births you have got it.. Kabhi kisiko mukkamil jahan nahi milta... kahi zami to kahi aasma nahi milta... Share this post Link to post Share on other sites
raccoon 53 Report post Posted April 9, 2011 (edited) KShah, good to see you have opened a dedicated thread on this issue. I can see again that it seems to have attracted much less attention (going by the number of responses) than say the thread on corruption. Regarding this, I would only like to reproduce below what KShah has mentioned in his pvt. msg.: This problem is less prominent than that of corruption as corruption affects us every day and every step of life. But the fact is corruption has not power make your life as miserable as your household problem. We always get more disturbed due to problems in household than that of problems arising due to corruption. Something that all males should ruminate on. Afraid I don't have the time to go thru all the links, at least right now, but I did just go thru your story in particular and it is indeed moving, to say the least. Something is seriously wrong with our system and more specifically with our people (particularly those responsible for drafting and passing such laws). Any law that leaves so much room for misuse is a rogue law drafted by a rogue legislature. It seems they have completely disregarded Blackstone's ratio - "Better that ten guilty persons escape than that one innocent suffer". Edited April 9, 2011 by raccoon Share this post Link to post Share on other sites
rajanmehta 4,056 Report post Posted July 3, 2014 No arrests under anti-dowry law without magistrate’s nod: SC Source NEW DELHI: The Supreme Court on Wednesday said women were increasingly using the anti-dowry law to harass in-laws and restrained police from mechanically arresting the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code. Citing very low conviction rate in such cases, it directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code". Section 41 lays down a 9-point check list police to weigh the need to arrest after examining the conduct of the accused, including possibility of his absconding. Expressing exasperation over rampant misuse of Section 498A, a bench of Justices C K Prasad and P C Ghose said if police arrested the accused, the magistrate should weigh the preliminary evidence against the Section 41 checklist before allowing further detention. "The magistrate, while authorising detention of the accused shall peruse the report furnished by the police officer in terms of Section 41 and only after recording its satisfaction, the magistrate will authorize detention," the bench said. It also said that this check-list for arrest and detention would apply to all offences, which are punished with a prison term less than 7 years. Punishment under Section 498A is a maximum of three years but it had been made a cognizable and non-bailable offence, which made grant of bail to the accused a rarity in courts. But the court singled out the dowry harassment cases as the most abused and misused provision, though the legislature had enacted it with the laudable object to prevent harassment of women in matrimonial homes. Writing the judgment for the bench, Justice Prasad said there had been a phenomenal increase in dowry harassment cases in India in the last few years. "The fact that Section 498A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives," he said. "The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested," he said. The bench quoted "Crime in India 2012 Statistics" published by National Crime Records Bureau to say that nearly 2 lakh people were arrested in India in 2012 under Section 498-A, which was 9.4% more than in 2011. "Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that others and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt," it said. "The rate of charge-sheeting in cases under Section 498A is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal," the bench said illustrating the misuse of Section 498A as a tool to harass husband and his relatives. Describing arrest as a humiliating experience apart from curtailing the freedom, the bench said police have not shed their colonial hangover despite six decades of independence and were still considered "as a tool of harassment, oppression, and surely not considered a friend of public". The need for caution in exercising the drastic power of arrest had been emphasized time and again by courts but has not yielded results, the court said and tasked the magistrates to check illegal arrests. 3 Share this post Link to post Share on other sites
csmart 472 Report post Posted July 3, 2014 The law was implemented without considering the misuse. Stricter law was need of the time but nobody was concern about its misuse. Even new law, dealing with molestation has been misused. The other law on its way is new Company Law or Corporate Law which is will make life miserable for businessmen unless amended. Share this post Link to post Share on other sites
KanagaDeepan 1,084 Report post Posted July 3, 2014 Good thing, they are making necessary changes atleast now... Describing arrest as a humiliating experience apart from curtailing the freedom, the bench said police have not shed their colonial hangover despite six decades of independence and were still considered "as a tool of harassment, oppression, and surely not considered a friend of public". Very TRUE... Share this post Link to post Share on other sites
kshah 452 Report post Posted July 3, 2014 Laws must have provisions to punish people who misuses it. New workplace harassment bills is such a great threat to businesses that time may come people will think twice before employing women and empowering women will be at great jeopardy. According to Indian law if women skin is visible beyond some fixed percentage then those images are considered to be obscene. Now in reading newspapers in front woman having image of actress with 2 piece bikini could be considered obscene and men can be sued for harassment at work place, which is non bailable offense. Share this post Link to post Share on other sites
KanagaDeepan 1,084 Report post Posted July 3, 2014 ^^^^^ Yes ji. The provisions to punish the people who are misusing the powerful laws are a must, for saving courts precious time, imho . sent from my rooted Droid MAXX using Tapatalk Share this post Link to post Share on other sites
