RightofMenIndia

Friday, January 30, 2015

== प्रेस नोट : 29 जनवरी 2015 ==

498A का दुरूपयोग करनेवाली महिलायें सावधान !

मुंबई अदालत के आदेशानुसार पति आप पर मानहानि का मुकदमा कर सकता है !!

क्या आपकी पत्नी ने आप पर IPC 498A का झूठा मामला डाल रखा है ?

क्या आप और आपके बुजुर्ग माता-पिता व आपके परिवार के सदस्य कई वर्षों से ऐसे मुकदमों से पीड़ित हैं ??

अब डरने की ज़रूरत नहीं "Human Rights Security Council" के राष्ट्रीय अध्यक्ष अँड श्री. नीलेश ओझा जी ने ऐसी महिलाओं को कानूनी सबक सिखाने के लिये कानूनी रास्ता निकालकर मुंबई की एक अदालत से पत्नी के खिलाफ मानहानि का मुकदमा दाखिल करके पीड़ित पति के पक्ष में ऑर्डर हासिल कर लिया है|

ऐसा ही एक मामला अँड श्री. नीलेश ओझा जी के सामने आया| जिसमें छत्तीसगढ की एक महिला ने अपने अहम के लिए और अपने पति को बदनाम व परेशान करने की नीयत से अपने पति श्री. रमेश(बदला हुआ नाम) जो भाभा आणविक रिसर्च सेन्टर(मुंबई) के वैज्ञानिक हैं, के खिलाफ IPC 498A के तहत झूठा मामला दर्ज किया और F.I.R. की कॉपी उसके मुंबई ऑफिस में भेज दी| जिसकी वजह से श्री. रमेश मानसिक रूप से काफी तनावग्रस्त रहने लगे व सोचने लगे कि कानून केवल महिला के पक्ष में क्यों है, पुरूष के पक्ष में क्यों नहीं?

तभी अचानक श्रीमती मोहिनी कामवानी के फेसबुक से उन्हें पता चला कि “Human Rights Security Council” नामक संस्था एक सेमिनार आयोजित कर रही है, जिसमें श्री. रमेश जी वहाँ पहुँचे तो उन्होंने सेमिनार के मुख्य अतिथी अँड श्री. नीलेश ओझा जी को कहते हुये सुना कि "कानून का दुरूपयोग करके निर्दोषों को फँसानेवालों के खिलाफ कैसे सही कानूनी कार्यवाही की जा सकती है" श्री. रमेश ने उनसे खुद के मामले में मदद करने की विनती की| जिसकी वजह से श्री. नीलेश ओझा जी ने श्री. रमेश की पैरवी करते हुये मुंबई की अदालत में पत्नी के खिलाफ फौजदारी धाराओं में मामला दाखिल किया जिस पर अदालत ने विरोध प्रकट करते हुये पूछा कि "आप कैसे कह सकते हो, कि पत्नी द्वारा मध्यप्रदेश में डाले हुए आरोप झू्ठे है, जबकि पत्नी का झूठ अभी साबित नहीं हुआ हैं" इस पर अँड श्री. नीलेश ओझा ने मुंबई मैट्रोपॉलिटन कोर्ट में बॉम्बे हाई कोर्ट व सुप्रीम कोर्ट के मामलों का हवाला देते हुये यह साबित कर दिया कि पत्नी के छत्तीसगढ का मामला प्रलंबित होते हुये भी पति के शहर मुंबई में पत्नी के खिलाफ मानहानि

Wednesday, January 7, 2015

Change Hindu code to let in-law pay alimony if husband can’t, says law panel

84 Google +0

0 CommentsEmailPri

Reliance Life Insurance1Cr Cover @ Rs450 or 50 Lac @ Rs253 Per monthmUtkarsh Anand | New Delhi | Posted: January 7, 2015 3:04 am

The Hindu law should be amended to cast a legal obligation on the father-in-law to maintain and pay alimony to the daughter-in-law when her husband is unable to do so, the Law Commission recommended to the government in a report submitted on Tuesday.

Under the existing provisions, a woman does not have the right to claim alimony from her father-in-law or other in-laws if her husband fails to maintain her due to various reasons, including his physical or mental incapacitation, disappearance or renunciation of the world as a religious choice.

The Law Commission, headed by Justice A P Shah, however, held that there was “sufficient basis in classical Hindu law to cast a legal obligation on the father-in-law to maintain the daughter-in-law, when the husband of the latter is unable to do so”. The panel’s report noted that the basis so discovered in the Hindu law lent support to the legislative amendment being proposed by the Commission, as it sought to spell out the father-in-law’s legal obligation to pay maintenance to the daughter-in-law.

“The right of a Hindu woman, whose husband is unable to provide maintenance to her, must be protected,” held the Commission, while recommending to Law Minister Sadananda Gowda insertion of a new clause in the Hindu Adoption and Maintenance Act, 1956.

According to the panel, insertion of sub-section 4 under Section 18 should read as: “Where the husband is unable to provide for his wife, on account of physical disability, mental disorder, disappearance, renunciation of the world by entering any religious order or other similar reasons, the Hindu wife is entitled to claim m

Sunday, January 4, 2015

xt resize:AAA

MANGALURU: A social activist from Athani taluk of Belagavi district will take out a padayatra from Belagavi to New Delhi to uphold the cause of men who suffer due to misuse of IPC Section 498A by women.

Santoshkumar B Potdar said he will cover the 2,500km distance by walk to impress upon Prime Minister Narendra Modi to implement amendments to prevent the misuse of IPC 498A by women. The section that deals with crime against women by husband or his relatives and sentences them to jail has been misused by women often who level false charges.

Quoting statistics of 2010 available with the National Crime Records Bureau, he said, a harassed husband commits suicide every nine minutes in India.

He wants IPC Section 498A to be made gender neutral by replacing the word 'wife' with 'spouse' so that the law benefits both genders. In addition, he also wants the government to set up a National Commission for Men and a separate ministry for the welfare of men.

He will commence his padayatra from Thelasanga village in Belagavi on January 30 and reach New Delhi after walking 2,500km on May 3. "Husbands, who are harassed by wives with the help of Section 498A, go through a great deal of mental agony and are often forced to commit suicide. I will bring the issue of misuse of law by women to the notice of Prime Minister Narendra Modi and President Pranab Mukherjee," Potdar said adding that he was a victim of the IPC section.

"Many victims of IPC Section 498A have agreed to join me in my fight. Cops register cases immediately when women approach police stations. However, men face difficulties in getting their complaints registered. I want the government to set up a National Commission for Men too," Potdar said.

http://paper.hindustantimes.com/epaper/iphone/dhn.aspx?zone=waarticlef8d9316f-8143-4355-823b-14c76f1db468&articleId=f8d9316f-8143-4355-823b-14c76f1db468&category=0&create=true#_articlef8d9316f-8143-4355-823b-14c76f1db468

Husbands who shout at their wives or hold hands with their partner could be jailed under new law - http://akashictimes.co.uk/husbands-who-shout-at-their-wives-or-hold-hands-with-their-partner-could-be-jailed-under-new-law/

Saturday, January 3, 2015

498-A का झूठा मुकदमा दर्ज होने पर, जहाँ तक संभव हो फिरौती (black mail) देकर समझोता ना करें, फिरौती देकर समझोता करने से ही, देखा-देखी दूसरों के भी होंसले बुलंद हो रहें हैं और झूठे मुकद्दमे दर्ज हो रहें हैं.

झूठा मुकदमा (498-A) बनाने वाले पुलिस वालों के खिलाफ भी सिविल और क्रिमिनल केस दोनों जरुर फाइल करने चाहिए, इससे झूठा मुकदमा बनाने वाले पुलिस वालों पर नकेल कसी जा सकती है.

पुलिस वालों के भी होंसले इसलिए भी बुलंद रहते हैं कि उनके खिलाफ कोई कार्यवाही तो करता ही नहीं.
झूठे केस बनाने वाले इन्वेस्टीगेशन अफसर के खिलाफ धारा 166,167 IPC में क्रिमिनल केस और सिविल केस जरूर फाइल करें.

2 month old charged under 498a & get bail

Total Replies : 5

by Successfully fighting with 498 on 08 December 2012

Two-month-old Zoya gets dragged into a dowry harassment case filed by her father’s first wife. Legal experts, child rights activists react in shock at her having to get anticipatory bail to avoid arrest

In a case straight out of Ripley’s Believe It Or Not, the Mumbai Sessions court last Wednesday (June 17, 2009) granted anticipatory bail for what must have been their youngest applicant ever a two-month-old baby: Zoya aka Mehak Shamshuddin Khan. Lucky for her, or Zoya could have ended up behind bars.

Zoya, who has got bail on a surety amount of Rs 10,000, is a member of the Khan family from Kurla who have been accused by Shakila Khan (27) in a dowry harassment case and for a criminal breach of trust. The sessions judge S N Sardesai in his order granted bail for seven of the eight applicants who applied for the anticipatory bail.

Shakila lodged a complaint against Zoya’s father and her divorced spouse Shamsuddin Khan at the Nehru Nagar police station and named the entire family in her letter, including Zoya, her biological mother (Shamsuddin’s second wife), a neighbour and four relatives. Shakila accused them of harassing and demanding dowry of Rs one lakh and torturing her, the police said.

Khan’s lawyers Anil Bhole and Lata Vhotkar said the police initially thought that the matter would be resolved between both parties amicably. “However, when Shakila submitted a complaint letter against Shamsuddin and his family in which his second wife Reshma’s baby was also mentioned, he had to rush for anticipatory bail for all his family members,” said Bhole.

The police registered the case on Wednesday evening against Khan and his family members, acting on Shakila’s complaint letter submitted earlier.

“Shakila and Shamsuddin divorced two years ago and he has since remarried and had Zoya with his second wife,” said Nasim Bano Khan, Shamsuddin’s mother

Congo. Arnesh judgment of supreme court has been placed in a list of the 15 judgments (in no particular order) that were rendered in 2014 and which set the law in a different direction:
http://m.livelaw.in/news-detail.php?url=http://www.livelaw.in/reminiscing-2014-15-judgments-apex-court-altered-course/

Multiple Maintenance not allowed.

1) Surpeme court judgment: http://498amisuse.wordpress.com/2011/12/29/multiple-maintenance-not-allowed-sc_1/

2) SUPREME COURT OF INDIA: Dated 9 November, 2010
Double jeopardy applies to same offence, not same facts
http://advocateseema.in/files/Monica_Bedi_vs_State_Of_A.P._on_9_November,_2010.pdf

3) http://archanafoundation.blogspot.in/2012/03/no-double-maintenance-to-wife-125-crpc.html

4) MUMBAI HIGH COURT : Dated 17 July, 1991
Same relief (maintenance)cannot be asked twice in two different courts

5) DELHI HIGH COURT : Dated 30 August, 2010
Multiple Maintenance petitions are not allowed

6) GUJRAT HIGH COURT : Dated on 21 October 2010
No Multiple maintenance
http://advocateseema.in/files/Hemlataben_Maheshbhai_Chauhan_-_vs_State_Of_Gujarat_&_1_-_on_21_October,_2010.pdf

7) http://www.lawyersclubindia.com/forum/Del-hc-multiple-maintenance-not-allowed-wife-filed-pwdva-46459.asp#.VJliusCA

8) http://mynation.net/docs/171-1991/

9) http://menrightsindia.net/2014/10/mumbai-hc-disallows-multiple-maintenance-under-crpc-125-when-civil-suit-pending.html

10) Litigant cannot ride two horses: http://iitbiimb498a.wordpress.com/litigant-cannot-ride-two-horses/
11) Multiple Maintenance Cases, 24 of HMA and 125 Cr.P.C/DV? : http://terminatorak.wordpress.com/2012/07/23/multiple-maintenance-cases-24-of-hma-and-125-cr-p-cdv/

Woman Told To Pay Rs 5 Lakh To In-Laws: False 498A Charges
Here is the link to the story:

http://www.tribuneindia.com/2007/20070426/haryana.htm#5

Woman told to pay Rs 5 lakh to in-laws
Nishikant Dwivedi
Tribune News Service

Yamunanagar, April 25
In a significant judgment, a local court has imposed a fine of Rs 5 lakh on a woman, who had made a frivolous complaint against her in-laws for dowry.

The Judicial Magistrate said many instances had come to light where the complainants were not bonafide and had been filed with an oblique motive. The magistrate termed the case as a classic example for such an instance.

Kanwalpreet Kaur of Model Town here had filed a complaint against brothers-in-law Davinder Pal Singh, Amarjeet Singh, Satwinder Singh and Gurbinder Singh, mother-in-law Gurbachan Kaur, sisters-in-law Balwinder Kaur and Jaswinder Kaur and niece Ritu under Sections 498-A in 1997. The court had quashed the names of Balwinder, Jaswinder and Ritu from the case in 2002.

Kanwalpreet was married to Navjeet Singh in 1992. In her complaint, she had alleged that her in-laws were harassing her for more dowry. She had claimed that her brothers had given Rs 1.5 lakh to her in-laws in three installments. She had further alleged that she was thrown out of the house.

In the order it had been said the remaining five accused were made to suffer on account of baseless and malicious allegation. To prevent such abuse of beneficial provision of Section 498-A of the IPC by women in future, the magistrate dismissed the complaint and acquitted the accused of the charges.

The court directed Kanwalpreet to pay Rs 1 lakh to each of the five persons.

____________________________________

Tuesday, December 30, 2014

Section-498A-is-a-tool-to-trap-harassed-husbands-Activist says

MANGALURU: A social activist from Athani taluk of Belagavi district will take out a padayatra from Belagavi to New Delhi to uphold the cause of men who suffer due to misuse of IPC Section 498A by women.

Santoshkumar B Potdar said he will cover the 2,500km distance by walk to impress upon Prime Minister Narendra Modi to implement amendments to prevent the misuse of IPC 498A by women. The section that deals with crime against women by husband or his relatives and sentences them to jail has been misused by women often who level false charges. (http://timesofindia.indiatimes.com/city/mangaluru/Section-498A-is-a-tool-to-trap-harassed-husbands-Activist/articleshow/45666503.cms)

Sunday, December 28, 2014

Pre-marital sex not shocking, all jilting cases aren't rape: HC
http://timesofindia.indiatimes.com/india/Pre-marital-sex-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms via @timesofindia

Monday, November 24, 2014

False dowry charge ground for divorce, SC rules
http://timesofindia.indiatimes.com/india/False-dowry-charge-ground-for-divorce-Supreme-Court-rules/articleshow/45253503.cms via @timesofindia

Saturday, November 8, 2014

This Is What It Looks Like When It's Time to Leave Your Relationship

http://www.huffingtonpost.com/samantha-daniels/this-is-what-it-looks-lik_1_b_6118432.html

Monday, August 4, 2014

@mynationtwits: ::…TRUTH IS OUT HERE…::: Male Victims in India - Always dammed http://tinyurl.com/qa3r5y2 Shared via TweetCaster

Saturday, August 2, 2014

Refusing to cohabit shows wife’s intention to desert husband: HC - http://toi.in/U9TsSb 14 years to get a divorce after false #498A!!!!

Wednesday, July 23, 2014

@akghere: @aajtak: अब सास भी कर सकेगी बहू के खिलाफ घरेलू हिंसा का केस.http://goo.gl/ReusNC stop #dv agnst men @ManekaGandhi1 http://twitter.com/akghere/status/491821190000824323/photo/1 Shared via TweetCaster

Sunday, July 13, 2014

Check out @DeepikaBhardwaj's Tweet: https://twitter.com/DeepikaBhardwaj/status/487054914850287617

Save Indian Family Foundation proposes merging #498A and #DomesticViolence Act. http://t.co/mAXKqMHmLD

Check out @wisehussein's Tweet: https://twitter.com/wisehussein/status/488285476613541888

Supreme Court: No arrests under anti-dowry law without magistrate's nod

Anti-dowry law misused, no automatic arrest in such cases: SC

Women MISUSING Anti-Dowry Law, Says SC-TV9/Part1

Zee24Taas: Supreme Court Historic Judgement Against Dowry

Asha Bhosale's son asked to pay Rs 40,000 per month to ex-wife

Press Trust of India | Mumbai | Published: Jul 09 2014, 19:13 IST

A local family court has directed singer Asha Bhosale's son Hemant to pay a monthly interim maintenance of Rs 40,000 to his estranged wife while taking into consideration his "NRI lifestyle".

"(Hemant Bhosale) shall pay monthly maintenance of Rs 40,000 to the petitioner (62-year-old retired air hostess) from March 20, 2012 till disposal of the petition," the family court judge S A Morey said in the recent order.

Hemant's wife had approached the court saying that the couple got separated in 2002-03. She had alleged that she was thrown out of the house by Hemant whom she accused of living with another woman for six years.

She also told the court that though she worked day and night and fulfilled Hemant's demands but now she is getting a monthly pension of Rs 800.

"(Hemant) respondent is staying in Scotland. Considering the lifestyle of an NRI, the circumstances in which he is born and brought up, his earlier services, status of both the parties, in my view, the maintenance of Rs.40,000/ p. m. will meet the end of the justice," the judge said in the order.

Hemant had earlier denied all the allegations and told the court that his estranged wife was spending a huge amount and she has attached huge bills showing her purchases.

"If she is receiving Rs 800, how is she purchasing such huge articles from various shops? The said facts clearly show that she is having more income than her pension, from her savings and investments," Hemant had said.

The court also directed Hemant to pay Rs 10,000 as the cost (of litigation) to his ex-wife.

http://www.financialexpress.com/news/asha-bhosales-son-asked-to-pay-rs-40000-per-month-to-exwife/1268268

Sabse Bada Sawaal: Is anti-dowry law 'Legal Terrorism'?

After Supreme Court order on dowry harassment cases, city men's rights activists rejoice

Monday, 7 July 2014 - 7:26am IST | Agency: DNA

Imran Fazal Just a month ago, a 28-year-old youth and his 61-year-old handicapped father were lodged in Arthur Road jail after a woman filed a case of dowry harassment and domestic violence. However, after the SC order, men's rights activists are rejoicing and have demanded proper implementation of the order.

Every week, a group of men's rights activists called Vastav Foundation meets to give emotional support to male victims of dowry harassment cases. Swapnil Talekar, a resident of Mahalaxmi, along with his father, Arun Talekar, a handicapped retired person, was released on bail from Arthur Road jail on June 19 after his wife registered false complaint at Agripada police station, after just 2 months of marriage.

"We were lodged in the jail for 8 days and my father suffered the most. Though the order from SC came after my release, I feel that the order will bring relief to men who have been harassed in false cases, though the major part is that its implementation should be done properly," said Swapnil Talekar.

Kandivali resident Nimesh Gandhi, 31, was arrested under IPC sections 498A (dowry harassment), 323 (causing grievous hurt) and his ailing mother spent 2 days in jail, but was acquitted later.

"We got the acquittal as the matter was settled and if my wife proceeded, she would have lost the case as the matter was based on serious allegations," said Nimesh Gandhi.

Similarly, Kumar Taranand Zha, 35, a marketing manager with a crockery firm, was arrested with his family at Mira Road, after his wife pressed charges against him of dowry and harassment, but was acquitted by the Thane court, calling the case false and baseless.

"The court acquitted me of all charges relating to dowry harassment and called the allegations baseless and false," said Zha.

"The statistics clearly say that the arrests due to mere allegations, is harassment. Most of the cases are lodged in city police stations as it is used as a tool to harass family members of the husband, while the law, which was made to protect the interest of women, was ironically used to send a woman to jail in the form of the accused's sister and mother," said Amit Deshpande, a men's rights activist.

Supreme Court
http://www.dnaindia.com/mumbai/report-after-supreme-court-order-on-dowry-harassment-cases-city-men-s-rights-activists-rejoice-2000151

The problem with section 498A Supreme Court has observed Section 498A has ‘dubious pride of place among the provisions that are used as weapons rather than shield by disgruntled wives’ Namita Bhandare

ection 498A regarding marriage disputes has been getting a bad rap in recent times over allegations of its misuse. Photo: Pradeep Gaur/Mint It was in jail that Nagpur-based businessman Rajesh Vakharia realized there were “thousands” of men who, like him, had been imprisoned for subjecting their wives to cruelty. “I spoke to so many people who had been trapped by section 498A,” says Vakharia. “I found that the section had become a tool of legal extortion and blackmail.” The problems began, recalls Vakharia, soon after his marriage in 1999. His wife wanted to move from Akola to Bangalore, didn’t want to live with the joint family and wanted him to loan some money to her family, he says. When he refused, she filed a complaint under section 498A of the Indian Penal Code, which seeks to protect women from harassment by husbands and their families and carries a punishment of up to three years. Vakharia spent five days in jail in 2004 after seeking anticipatory bail for other members of his family, including his mother, a cancer patient. “Because of this section, wives can send old mothers-in-law to jail. Later, when I would go for my court dates, I realized how many other husbands were in the same position as I was,” he said. One of the founders of the Save Indian Family Foundation (SIFF), Vakharia is happy about a Supreme Court judgement that came out last week in which the court observed that Section 498A has “dubious pride of place amongst the provisions that are used as weapons rather than shield by disgruntled wives.” Noting that the “simplest way to harass is to get the husband and his relatives arrested”, a bench of justices C.K. Prasad and P.K. Ghose issued directions that restrains police from automatic arrests on the mere lodging of a complaint. Police must first “satisfy themselves about the necessity of arrest”, said the judges, and then get a magistrate to sanction the arrest. The new directions apply to not just 498A, but any arrest that carries a sentence of less than seven years in jail. Section 498A has been getting a bad rap in recent times over allegations of its misuse. Citing National Crime Records Bureau (NCRB) data for 2012, the judges noted that 6% of all arrests made across the country were made under this section. That works out to two lakh arrests, nearly a quarter of which were of women. However, even the apex court noted, the misuse often arises when an over-zealous police jumps in to make an arrest without first conducting an investigation. “The moment someone files a first information report (FIR), the first thing the police does is to make an arrest,” says Mrinal Satish, associate professor of law at the National Law University, Delhi. This is despite a section introduced in 2010 that makes it necessary for police to give the reasons for an arrest in any case involving a punishment of less than seven years in jail. History Today, it’s easy to forget the spate of horrific headlines of dowry deaths, then described as ‘bride burning’ or disguised as kitchen accidents, that preceded the Dowry Prohibition Act of 1983. A sustained anti-dowry movement resulted in an expanded definition of dowry to include inducements given before and after marriage, the shift of the burden of proof to the person being prosecuted, mandatory police investigation into all dowry complaints and penal sections to deal with cruelty by the husband and his kin. Dowry deaths had become so frequent that any unnatural death of a woman within seven years of marriage was deemed to be grounds for investigation under the new law. Despite these stringent provisions, the practice of giving dowry—and dowry deaths—continue. The judgment looked at NCRB figures of arrest under section 498A for 2012, but did not mention the increase in the number of dowry deaths—a 20% rise between 2001 and 2012. Yet, in 2012, only 14% of dowry deaths had been disposed of by the courts, finds a recent IndiaSpend report. In other words, while dowry deaths have been increasing, the number of convictions has remained more or less the same over the past decade. Is section 498A misused by women? “There is a tendency to misuse these provisions,” concedes Malavika Rajkotia, whose primary legal practice is family law. “But just because a law can be misused does not mean the law should be diluted.” Another lawyer Rebecca John says: “I am not suggesting that this law has not been misused. But the misuse comes most often from the class that tends to misuse all laws.” The problem with divorce cases, say lawyers, is that cases tend to drag on for years, and even when they reach their conclusion, fair settlements, particularly in a country where income and assets can be concealed by proxy ownerships and joint family holdings, are hard to come by. “Women tend to use section 498A as leverage to get financial settlements and short-circuit dilatory court proceedings,” explains Rajkotia, adding that she personally does not find that this is an effective strategy. “The threat of an arrest might be effective, but once an arrest is made, then husbands don’t care. So, it’s a bad strategy,” she says. “Every law is misused,” says Mrinal Satish. “Terror cases result in acquittals after dragging on for 15 years. But does anyone suggest that we get rid of terror laws?” Satish points out that the IPC already has provisions against those who file false complaints. “False information with the intent to cause a public servant to use his lawful powers to cause injury to another person is punishable by six months in jail,” he says. Lawyers have, by and large, welcomed the Supreme Court judgment that asks for an inquiry before arrest into all offences that carry less than sentences less than seven years in jail. “It basically tells cops that they must do their job and conduct investigations before an arrest,” says Rajkotia. But John is dismayed by the language of the judgment that makes blanket assumptions about ”disgruntled housewives”. “You can see the bias of the judiciary here, and I am surprised that there is no similar outrage when the state routinely misuses the law as in cases of the Unlawful Activities Prevention Act.” Yet, everyone agrees that the misuse of a law, regardless of why it happens, is bad. “Women who really need the protection of the law, who face daily abuse from drunken husbands, have no access to the legal system,” says John. Is there a way out? Surprisingly, both SIFF’s Rajesh Vakharia and lawyers agree that easier divorce could be a solution. “Under the law, divorce is not easy,” says Vakharia. “This results in the filing of false complaints and the harassment of husbands and their families.” If the courts made it easier for men and women to obtain divorce, the filing of false complaints would fall, he says. “The courts are constantly pushing towards mediation in matrimonial matters,” says Satish. “When you try and push people towards mediation, 498A ends up becoming the leverage. Even lawyers advise wives to use this section so that they can reach a settlement soon.”
Read more at: http://blog.livemint.com/Politics/V1SIYdZu2IJzHgxRiLNpEJ/The-problem-with-section-498A.html?utm_source=copy

DD NEWS Hindi - Swaroop Sarkar on SC Judgement on Misuse of 498a Arrest ...

Boon or bane? Kolkata can't agree on 498A TNN | Jul 5, 2014, 02.33AM IST

KOLKATA: The Supreme Court verdict on Section 498A that police have to investigate before arresting the accused has sparked a debate in Kolkata. While women's rights groups fear it might weaken battered wives' only remedy against abuse and torture, legal experts feel it will help prevent misuse of the law and make it more balanced. Bengal is a lab case for Section 498A a whopping 29,800 cases were registered in the state 2013, but led to only 2.3% convictions. This has been the trend for the last few years. These figures indicate that an alteration was necessary, lawyer Shekhar Bose says. "In 80% of the registered complaints, the charges are fabricated or exaggerated. There have been numerous instances where members of the husband's family, who live abroad or in other cities, have been arrested. Such a law cannot exist without an amendment," Bose said. Lawyer Jayanta Chatterjee remarked that the vast majority of complainants were from urban areas, where many case were lodged by women "to teach their husbands and in-laws a lesson". "Thousands of women in rural interiors, who face genuine abuse, neither know about the law nor have access to police and lawyers," he pointed out, adding: "We need Section 498A for women who are abused and tortured. But we also need to make sure that it's not misused. False complaints are lodged too often, leading to family break-ups. Eventually, it's not just the husband who suffers in such cases, but also the wife. This provision for an enquiry will help stop that." However, State Women's Commission chairperson Sunanda Mukherjee doesn't agree that misuse is reason enough to alter the law. The provision for enquiry shuts the door on women seeking justice, she argues. "Every law is liable to be misused. People are wrongly charged for murder under Section 302. So, do we stop punishing murderers?" she asked. A law which is yet to be used by majority of victims can't be said to have been misused, she pointed out. "Section 498A is not yet accessible to thousands of women in marginalized sections who are abused, tortured and thrown out of their homes. Yes, it has been misused by some women in cities, but that can't justify this alteration which makes the law ineffective. We all know that left to them, police won't make any effort to arrest even a genuine offender. They could be bribed to scrap or fudge an enquiry. More importantly, how can you find evidence for psychological torture, which is very important in Section 498A?" she asks. Former women's commission member Bharati Mutsuddi sees it as a major setback for women's rights. "Women are now at the mercy of police and administration, which were always insensitive to them. Section 498A was the only major weapon women had against marital abuse and it's now taken away. The law was the result of a long struggle for justice. All that effort and struggle now goes down the drain," she said. Author Suchitra Bhattacharya felt it was better to make some investigation before arresting the accused. "I know many cases, particularly in urban areas, where the women take advantage of this law. They make false allegations and the in-laws have to suffer," she said. Lawyer Sudipa Bhattacharya felt the alteration will make it a more balanced law, but the poor and marginalized could suffer. "It will be difficult for poor, illiterate women in our villages to get police to act," she said. Bose argues that it is too early to conclude that the law has turned impotent and that police will be biased against women. "First, it remains a non-bailable section which means the law is strong enough. An offender, if found guilty, will face the same stringent penalties. It will be hasty to assume that police will allow offenders to go scot-free. Let us give the new law a fair run for it is a far more balanced and fair one," said Bose. Mahua Bhattacharjee of Parash Pathar, an organization that fights for 498A "victims" across the country, said: "This is a great relief against misuse of the dowry law which has left as many victims as it has secured the fate of women against dowry atrocity." Many grey areas still exist, she remarked. "Since it is non-cognizable, non-bailable and non-compoundable, a 498A case cannot be withdrawn by the complainant. I know a couple, who are still fighting the 498A case years after their differences were resolved." But why does Bengal top the list of 498A cases? "It is because of changing values of Bengali women. There is great deal of disharmony in families with saas-bahu relations. The daughter-in-law files a 498A complaint to teach her husband and mother-in-law a lesson, but eventually the complaint turns out to be too costly for both parties," said Bhattacharjee. Sourav Ganguly, a lawyer with an expertise in handling 498A cases, said, It is a common practice by the prosecution specially in this part of the country that an accused is forwarded before a Magistrate along with a document commonly known as the ?Forwarding Report', while dealing with the question of detaining the accused for a period of more than 24 hours only deals with the forwarding report, the written complaint, the formal F.I.R prepared by the Police, the arrest memo, medical report of the accused and some times with the seizure list if supplied by the prosecution. After this apex court judgment, the magistrate has to apply his judicial mind to determine whether the circumstance justify detention of the accused in police custody. Police custody being an infringement of liberty should not be ordered as a matter of course as the law has for his protection provided for the compulsory production of a person before a Magistrate either 24 hours of his arrest and this constitutional right has been given "to prevent arrest and detention with a view to extract confession" and "to afford an early recourse to a judicial officer independent of the police on all questions of bail or discharge [30 CWN 985]. Section 167 Cr.P.C. has given him full discretion to order detention in such custody as the Magistrate thinks fit but if detention in police custody is ordered, he must record his reasons U/s 167 (3) Cr.P.C. It will also prevent marital splits on flimsy grounds, the latter argued.

Save Family Foundation demands merger of sec 498 A and DV act | Business Standard News

Press Trust of India | Nagpur

July 10, 2014 Last Updated at 13:08 IST

An NGO fighting for the men's rights has welcomed the supreme court order to end automatic arrests of men and their kin under section 498-A of IPC and anti-dowry law and has sought merger of the said section with the Domestic Violence Act, to create a single law.

The apex court in its recent order directed the police and magistrate to stop automatic arrests in such cases and also recommended departmental action against police and judicial officers who violate its directive.

"Amendments to this much-misused law were long overdue. Lakhs of innocent people have suffered in last two decades due to this law about which the supreme court had warned of legal terrorism in 2005. The SIFF has hoped that this directive, if properly implemented, may put a brake to skyrocketing suicide rate of married men. About 64,048 married men committed suicide in 2013," Central India president of the Save Indian Family Foundation (SIFF), Rajesh Vakharia said in a release here today.

"In case of section 498-A, the term cruelty towards a woman was never defined in the first place. So a mere argument between a mother and her daughter-in-law was equated as an attempt to murder. The section presumes that the complainant woman's life is in grave danger without any basis or evidence.

"The court directive is just a temporary fix, which may very well fail," the release said, adding that a thorough amendment to the section is needed by merging it with Domestic Violence Act to create one single law.

Vakharia said that a permanent solution lies in the government consulting the law commissions, eminent jurists, NGOs and civil society to merge the country's two domestic violence laws, i.E. Section 498-A and Protection of Women from Domestic Violence Act (PWDVA).

"A new bill has to be introduced and passed in Parliament. SIFF wants that the section 498-A of IPC and the Domestic Violence Act must be amended and merged into a single law," he said, adding that the lower courts must not use threat of arrests under section 498-A as a tool for negotiating high alimony for wife.

"Alimony has to be decided by competent family courts," the release added.

Save Family Foundation demands merger of sec 498 A and DV act | Business Standard News

Misuse of Dowry and Domestic Violence Act is a Human Rights Issue

Deepika Narayan Bhardwaj IBNLive Specials | 09-Jul-2014 15:05 PM

Media suddenly seems to have woken up from slumber in last four-five days on the misuse of section 498A. Every news channel is debating recent judgment by the Supreme Court (SC) - restricting immediate arrests of husband and family members under 498A. I also happened to be on one such debate, last week. Though the judgment is quite comprehensive detailing reasons for such move, anchor of the show I was on, was keen on punching holes in the judgment and showed absolute apathy to the issue.

As soon as I got out of the studio, I got a call. It was Sonia. I thought she was calling me after watching me on television but I was wrong. Moment I said hello, she started crying uncontrollably. "She has beaten my mother in law, my daughter and me. My daughter's thumb is fractured. She is threatening to kill my daughter. Please help me," she pleaded. I asked her to calm down and tell me what has happened. She explained that there was no male member at home and Nisha (name changed) - younger daughter in law of the family along with her sister had beaten everyone up!

Let me tell you who Sonia is - She is the elder daughter in law of the family, married for 23 years and a "498A accused." She, her husband, old mother in law, husband's brother( Nisha's husband), married sisters in law, their husbands- almost everyone including her teenage daughter have been accused of demanding dowry by Nisha who has herself been married for 19 years! Reason - Nisha wants property in which joint family is staying in her name! After listening to the entire incident, while I asked Sonia to calm down and register an FIR, I myself wished only one thing- make Sonia talk to anchor of the show I was in and let him hear pain of people abused by 498A. Sonia's case is peculiar for two reasons - one, she is herself a daughter of another family, so why would she demand dowry from Nisha and second - after 19 years? But - logic/common sense is least a part of 498A.

Sonia and her family aren't alone. There are endless stories of abuse and gross misuse of 498A.

IPC 498A - commonly known as the Anti Dowry law, was passed in 1983 to protect married women from mental and physical cruelty and dowry related demand by husband and his relatives. 30 years on, 498A today is commonly known as the law which is 'Misused.'

For beginners - 498A is not a case between husband and wife. It's a case between husband and state where state fights on wife's behalf. 498A can be filed anytime after marriage - even after 22 years. Since it also considers mental harassment any number of relatives can be named and summoned - even if they have never lived with you, are in different cities or abroad - citing harassment over phone or any incident when they visited India. Married sisters are prime target, dragging even her in laws into the case to exert pressure. There are instances where even friends have been summoned. 498A can be filed from anywhere though it's a criminal offence. So, if you are from Kerala and wife from Punjab, she can file a case from Punjab and your family travels thousand miles on every date. When 498A is filed, every wedding expense is presented as dowry by the girl side. So even if you did not demand anything from the girl, you can become a dowry case accused. There is no time limit to trial of these cases. Some 498A cases have been pending in Delhi courts since 1991. Even if your divorce comes through, your 498A can linger on for years in court.

Now, why do I say Misuse of this law is a Human Rights Issue?

The basis of any criminal Jurisprudence around the world is - "innocent until proven guilty" and in words of English Jurist William Blackstone "It is better that ten guilty persons escape than that one innocent suffer." This law overturns both these principles. As soon as a woman makes a statement that so and so person demanded dowry from her, that person is treated as a criminal and tried as a criminal. In dowry cases, onus of proof that dowry was not demanded is on the accused. Since the law is cognizable and non-bailable, police has a free hand in arresting anyone who it deems fit as per the written complaint by the woman without 'any' investigation. I say without any investigation because the FIR and charge sheet in most of these cases is a replica of each other. Rarely have I seen evidences from husband's side being considered or presented. So statement of a woman is enough to throw a common man or woman behind bars.

I have been researching on this issue for last two years while working on a documentary on the same. As per National Crime Records Bureau, from 1998 to 2012 - after rounding off, a total of 10 Lac cases have been filed and 21 lac people have been arrested of which 5 Lac are women, 1 Lac are senior citizens and shockingly 10,000 are minor boys and girls. In the same period, 4,48,704 cases completed trial and a mere 89,452 resulted into conviction and rest whopping 3,59,252 resulted into acquittal! These numbers are extraordinary. I understand an acquittal doesn't necessarily means a false case but I also understand that an acquittal definitely means the case did not stand scrutiny under the court of law. 498A wasn't made as an alternative for quick divorce or dispute redressal or tool for getting back at husband for revenge - it was a law made to punish the wrongdoers! Courts aren't blind to look at the actual stories behind these cases and thus the enormous acquittals.

Many people tell me, every law is prone to misuse. I have a basic question - under which law does a person gets punished or termed criminal just because of being someone's relative? Under which law does police arrest you just because your name appears in an FIR? Which cruelty exactly can be committed sitting 1000/2000 Kms away? Under which law do you become an accused without any investigation whatsoever and stand in the court for years to prove your innocence? Under which law a 90 year old grandmother who can barely walk is dragged from Delhi to Dehradoon just because a 25 year old woman alleged that the old woman demanded money? Under which law whatever the complainant is saying is taken at its face value without AN IOTA OF EVIDENCE and cases run for years on mere allegations? In my knowledge, none!

Nowhere in the world, are you and your family labelled criminals because of a failed marriage. But in India, the moment a marriage breaks, this label comes automatically in guise of a 'dowry' case. To make things clear, you can get a 498A by your wife if you - refuse to leave your old parents on her demand; incur huge financial losses and can't afford her luxurious lifestyle; object to her extra marital affair; have a bad equation with her parents, ask for separation citing incompatibility. Even if you have filed for Divorce on grounds of cruelty by her, she can still go ahead and file 498A claiming you are the actual abuser! It doesn't matter if you are thrashed, abused, beaten up every day and have plethora of evidences of her cruelty, her statement that you demanded dowry will outweigh everything. I am not throwing clichs. These are cases I have seen with eyes wide open including one where a man was thrown into Jail for conducting DNA test on his son, before even the reports came out. No prize for guessing - he isn't the father of the child!

NCRB statistics related to 498A can never tell the real story of abuse of this law. Behind every FIR there are hundreds of cases that get 'settled' because of fear of arrest, harassment for years and humiliation. There is no data as to how many Mutual Consent Divorces are a result of such threats! Lacs are being demanded in exchange of a 498A or 498A settlement. Pay before or after, you make a choice. Everyone including lawyers, police and the girl makes great money in this racket which is approximately a 2000 crore business every year (approximate figure including bails, kickbacks and settlement amounts). Negotiations can be heard at every level in these 'family dispute' cases - be it at women cells, police stations, mediation cells or courts. If you decide to 'not pay' and fight back, you are in courts for years with not just one case but a package including Domestic Violence Act, Criminal breach of trust and a horde of maintenance cases. Irony is - after fighting for years for honour, all that a man gets is acquittal. Filing a case of defamation or punishing the woman for her wrong is almost impossible as first courts don't entertain these cases and if they do - you are in courts for another couple of years!

Isn't it funny that a woman who is accusing in-laws of demanding dowry herself then demands 10-15-20-50 lacs for settling the cases? Isn't it funny that cruelty or humiliation she has gone through is bartered for money? I know of an old woman who runs a tea shop being asked 25 Lacs to settle dowry case on her son. Her son's mistake- he doesn't earn much. I wonder if anyone can define this practice as anything but legal terrorism/blackmail /extortion.

How have we become a society where rights of a young wife are more important than rights of a 90 year old woman or that of an old father and mother who have slogged for years bringing their son up or that of a teenage sister who could be ostracized for being in Jail for rest of her life or that of a married sister whose marriage might collapse because of her husband and in laws being dragged? How have we become a society where to get one woman justice we are doing injustice to so many people? How are we legally allowing these blackmails to happen where a man is snatched of years of his savings just because marriage of his son did not work? How can we jeopardize existence of a man, just because his marriage 'failed'?

People argue with me over dowry deaths. I wish I had a law which recognized reverse dowry deaths where a person committed suicide because of a false dowry case or threats of a false case! There are thousands who have committed suicide leaving testimony of innocence through suicide notes. Syed Ahmed Makhdoom, Aarti, Lokesh Singh, Manoj Kumar, Prashant Pandey, Ravi Parmar, Anuj Gupta, Anoop Sharma, Niramala Devi, Ravi Parmar, Mahendra Singh, Harkamaljeet and his wife -are few examples. Strangely, a law that was meant to protect women from committing suicide has become a reason for suicide for many.

Tagging someone criminal for no crime, punishing someone for no wrong, claiming someone's job, career and peace for no reason, harassing an entire family for a failed marriage, leaving no option to a man to come out of an abusive marriage, slapping him with a dowry/domestic violence case if he files for divorce - If this is not a human rights issue, I wonder what is!

I welcome SC judgment wholeheartedly but I am doubtful of its impact. CrPC amendments that have been stressed upon in the judgment have been on papers since a long time. However, the rut of 498A is so deep, that these judgments have rarely brought a change. I think it's high time that the government intervenes and amend the law with a misuse clause to punish anyone who misuses it for personal gains. If women organizations opposing this landmark decision really want to get Justice for women, get a time limit on trial of these cases and ask for booking wrong doers whether man or woman. Punish the guilty and spare the innocent. Justice to one cannot come at cost of Injustice to others!

(Deepika Narayan Bhardwaj is a journalist and a documentary filmmaker. She is currently documenting misuse of section 498A of IPC through her documentary film 'Martyrs of Marriage.' She can be reached at martyrsofmarriage@gmail.com)

http://m.ibnlive.com/news/india/misuse-of-dowry-and-domestic-violence-act-is-a-human-rights-issue/484787-3.html

A love story gone horribly wrong

Thursday, 10 July 2014 - 7:10am IST | Agency: DNA

Divyesh Nair

It's a case that has twists and turns like a Bollywood pot-boiler.

A young marketing professional who married an upcoming actress has gone missing from Kandivli from June 27. Before he went missing, 27-year-old Chirag Bagaria, had sent a text message to his father saying he was fed-up with life and blamed his actor-wife, Nushrat Sharmin, and her friends for the trauma in his life.

Sharmin, in the meanwhile, is believed to have gone to the US. The starlet, who has worked in a few South Indian movies, had filed a dowry harassment case against Chirag and his family this March, and Chirag had been arrested following this complaint.

A marketing professional, Chirag, married Sharmin, a Bangladesh-born US citizen, under the Special Marriage Act in June 2013.

According to Chirag's father Sunderlal Bagaria, the two met at a party in 2012 and fell in love, and after marriage they started living in a rented house in Goregaon (East).

Sharmin was a struggling actress and was keen on entering Bollywood, and Chirag reportedly had some connections in the film industry.

"In Nov 2013, Sharmin signed a Malayalam film as a lead actress and went to Kerala for the shoot," Bagaria said. According to Bagaria, things started changing once Sharmin came back. "She now was a lead actress and her purpose of marrying my son had been served. She told my son to leave the house, and things were not the same between them any longer," said Bagaria.

"As Chirag tried to salvage the marriage, Sharmin asked him to extend her visa for another two years. My son then realised he was being taken for a ride," he added.

On March 6, Sharmin registered a dowry harassment/domestic violence/abuse case against Chirag, and he was arrested the very next day.

"Chirag told me Sharmin's friends were misguiding her and spoiling the marriage," said Bagaria.

Chirag got bail the next day, and was informed that Sharmin had gone to Chennai to complete her film. Police reportedly advised Chirag to leave his flat.

"When my son went through the files he had collected from his place, he found that Sharmin had two passports and two Aadhar cards. He immediately informed the FRRO office," Bagaria said.

According to Bagaria, Chirag had met several senior police officials in connection with the case. "He even met Mumbai police commissioner Rakesh Maria on April 19," Bagaria said.

He further alleged that on June 27 (the day Chirag went missing) when he and his son were sitting at their lawyer's office, Chirag got a call on his mobile phone. "When I asked, Chirag said it was from Denise Anthony D'Silva (Sharmin's friend). Chirag immediately left saying D'Silva had called him and that he was going to meet her," Bagaria said.

"That was the last time I saw Chirag. We tried calling him and messaging him, but he did not reply," Bagaria said. "My heart sank when I received a message from Chirag saying he was about to end his life and that Sharmin and her friends are to be blamed," lamented Bagaria.

Bagaria then approached the Kandivali police and filed a missing complaint.

"We have registered a man missing complaint and are trying our best to locate him," Mahipati Pandharmise, senior police inspector of Kandivali station said.

When dna contacted D'silva, she had a different story to tell. "Sharmin had told me that Chirag was forcing her to become a Hindu. He wanted her to give up her career and become a housewife," D'Silva said.

"After her marriage to Chirag, Sharmin's student visa was converted to an X visa (spouse visa). After a week of the marriage Chirag began threatening her that he would cancel her X visa if she did not give him money," D'Silva alleged.

When asked about Chirag naming her in his last message to his father, D'Silva said: "I, as a woman, helped another woman in distress."

She also alleged that Chirag hadn't gone missing. "He is absconding as he knows the wrong things he has done. He even threatened me over SMs, and records of it are with me," D'Silva said.

Father threatened
On May 14, Sunderlal Bagaria, Chirag's father, registered a case of extortion and threat at Mahatma Phule Chowk police station in Kalyan against two persons, including a lawyer, who was reportedly helping Sharmin. Bagaria alleged that Sharmin, through her lawyer, had hired a contract killer to assassinate him. The Thane police have arrested the alleged assassin, while the lawyer has applied for anticipatory bail.

The starlet
Nushrat Sharmin has acted in Malayalam movies like 'Medula Oblangata', 'Beware of Dogs' apart from a few commercials down south. There is confusion over her correct age as her passports (two) had different birth dates. Currently, she is believed to be in the US.

Domestic violence Dowry harassment Mumbai Police

http://www.dnaindia.com/india/report-a-love-story-gone-horribly-wrong-2001003

Man acquitted of rape charge as woman turns hostile | Business Standard News

Press Trust of India | New Delhi

July 8, 2014 Last Updated at 13:48 IST

A man accused of raping a widow after promising to marry her has been acquitted by a Delhi court as the woman turned hostile after he married her.

Additional Sessions Judge Yogesh Khanna absolved the man, a resident of south-west Delhi, of the charges of rape and cheating under the IPC after the woman changed her statement saying she had lodged the complaint against him due to some misunderstanding.

"In view of the facts and circumstances of the case, where the prosecutrix (woman) has turned hostile and not supported the case of the prosecution, it can safely be said that the prosecution has failed to prove its case against the accused beyond reasonable doubt.

"Hence, he becomes entitled to be acquitted of the charges under section 417 (cheating) and 376 (rape) of the IPC," the judge said.

While acquitting the man, the judge noted that the woman resiled from her earlier statement in which she had alleged that she was raped and told the court that physical relations between her and the man were consensual.

She also said that she made the complaint out of anger and due to misunderstanding as the man was delaying the marriage.

"Considering the deposition of the woman, wherein she had not stated any incriminating fact against the man, I am of the view that there is no need to examine remaining formal witnesses as it would be a futile exercise," the judge said.

According to the police, the woman, who lived alone with her son after her husband's death, told the police on April 11, 2013, that she was friendly with the man for the last four years.

The woman told the police that the man had confessed his love for her and soon he started forcing her to have physical relations with him after giving an assurance that he would marry her.

The police said when the woman asked him to marry her, he refused and also threatened to kill her and her son if she complained against him.

In April 2013, the man again came to the woman's house and when he refused to marry her, a quarrel took place between them after which she lodged a complaint against him at Civil Lines Police Station.

The woman, however, resiled from her statement in the court as the man married her when he was released on bail during the trial.

Man acquitted of rape charge as woman turns hostile | Business Standard News

Misuse of anti-dowry law 'exposes failure of Indian authorities'

India's top court said the country's anti-dowry law is being misused by "disgruntled" wives. But Ranjana Kumari tells DW the fault for the misuse doesn't lie solely with the women, but also with law enforcement agencies.

The practice of the bride's family giving cash, furniture or jewelry to the groom's family as a help to cover marriage expenses, otherwise known as dowry, has been part of Indian society for centuries. Although outlawed in the 1960's, the age-old custom persists, leaving women vulnerable to harassment, beatings and even worse in the case of a dispute. In order to safeguard women from such abuses the so-called anti-dowry law was introduced in 1983.

Still, over 8.200 women were killed across India in 2012 due to disputes over dowry payments given by the bride's family to the groom or his family, according to India's National Crime Records Bureau. Moreover, the conviction rate for such crimes remained at 32 percent.

But India's Supreme Court ruled on July 1 that anti-dowry regulations were now being increasingly used as weapons rather than shields by disgruntled wives and ordered the police to follow a nine-point checklist before arresting anyone on a dowry complaint. In a DW interview, Ranjana Kumari, director of the New Delhi-based Center for Social Research (CSR) disagrees with the court's view arguing saying that if the law is being misused, then the law enforcement authorities are to be blamed, not the women.

DW: India's Supreme Court judges said women were increasingly using the anti-dowry law as weapons rather than shields. What is your view on this?

Ranjana Kumari: The anti-dowry law still remains the strongest weapon that protects women from dowry harassment in India. The practice of demanding and receiving dowry is still prevalent and therefore the evil consequences like domestic violence, mental harassment and abuse continue.

Ranjana Kumari is an Indian human rights activist, director of the New Delhi-based Center for Social Research (CSR).

"Women in India no longer want to conform to the age-old traditions of obeying their husbands and in-laws," says Kumari

Laws everywhere in the world are being used and misused at the same time. We need to bear in mind that in this male-dominated society, it is this law that prevents husbands and in-laws from battering women to death within few years of marriage.

What is the court referring to when it speaks of harassment by "disgruntled" wives?

The societal landscape is changing fast in India and the gender balance is also witnessing a change. Women are making their own decisions. They no longer want to conform to the age-old traditions of obeying their husbands and in-laws and some will not tolerate slightest control over their lives.

But girls who assert their views are perceived as a threat by in-laws. Educated girls are considered "independent minded," if they don't accept subordination; a situation which leads to strained marriages and eventually divorce. However, this certainly doesn't mean that all women are ill-treated or are ill-treating their in-laws and are not happy in their families.

A complaint under the law allows for immediate arrest and jailing of the accused, often the husband and his family members. Isn't this too harsh, especially if none of the accused has been found guilty?

The anti-dowry law was created to prevent the dowry-related crimes and suicides which were on the rise. However, immediate arrest can become harsh if the accused are found not guilty. The law enforcement agencies need to be careful while filing complaints to prevent the misuse.

On the other hand, findings made by our Center for Social Research (CSR) reveal that nearly 50 million married women in India are victims of domestic violence, but only 0.1 percent (1 out of 1000) cases of domestic abuse are reported.

DW RECOMMENDS

India's defenseless women

The latest rape cases involving foreign women in India have cast the country's record on sexual violence back into the spotlight. Violence against women is entrenched in Indian society. There are many reasons for this. (16.01.2014)

'Dowry has turned into a commercial transaction'

Dowry thrives in modern India

Wives duped and dumped by 'holiday grooms'

Moreover, out of 100 investigated cases under Section 498A of the Indian Penal Code, only in two cases are the accused convicted. In most of the cases where there is an acquittal at the District Court, the matter is not taken up by higher courts. Only when there is a conviction at the lower courts are the cases taken to higher courts.

The practice has been illegal in India since 1961. Still, it continues to thrive. Why is this practice still in use?

Hindu mythology sees women as Lakshmi - the Goddess of wealth & prosperity. Ironically, she is not treated as a goddess after marriage. Dowry is a condition for marriage settlement and demanded by groom's family. Dowry exists also because the brides' parents feel that their daughter will be respected in her new family only when she brings with her millions of rupees, expensive jewelry, a car, home appliances, furniture etc.

Some parents even offer land, apartments and luxury cars as dowry. But the reality is that both parties share the blame for this since it is a mutual understanding between the two families. However, it is ultimately the girl who pays the price.

According to National Crime Records Bureau statistics, nearly 200,000 people, including some 48,000 women, were arrested over dowry offenses in 2012, but only 15 percent of the accused were convicted. What do these figures reveal?

The dowry-related cases go on for years and years. The reason that there is only a 15 percent conviction rate is that both parties get tired of the legal process. Sometimes the girls who make the complaint settle for nothing simply because they want to get out of the legal process. In 90 percent of the cases, they prefer to reach a compromise.

What I would like to point out is this: Any law can be misused. The Supreme Court is creating the perception that women have become very evil in Indian society and are only trying to harass their husbands and their in-laws. This certainly is not true and if the law is being misused, then the law enforcement authorities are to blame, not women. This exposes the failure of Indian law enforcement authorities.

Expressing concern over the misuse of the law, the Supreme Court ordered the police "not to automatically arrest" an accused, but to go through a "nine-point checklist." Is this a better way of shielding innocent people from false accusations?

The court's intention is to safeguard innocent people from false accusations, which is not wrong. However, it remains to be seen how effectively the law enforcing agencies will implement it. Section 41 of the law clearly lays down nine conditions for the arrest, which include that the police needs to ascertain that the arrest is necessary for proper investigation, to prevent tampering of evidence, etc.

When the magistrate authorizes detention, he must look into whether the police has taken these conditions into account. But why blame women for misuse of the law? Our fear is that this 'dilution' will only make majority of the women who are facing harassment more vulnerable.

What do the dowry-related crimes and the misuse of the anti-dowry law reveal about the current state of Indian society?

Indian society is undergoing a massing change. Women are becoming financially independent and increasingly aware of their rights.

People arrive at a district court in New Delhi January 3, 2013.

If the law is being misused, then the law enforcement authorities are to be blamed, says Kumari

Society needs to catch up and do away with age old traditions and customs that force women to obey their in-laws and husbands. If women become equal contributors in terms of the growth of the economy, then they can't be treated as inferior beings at home.

Men need to become more sensitive and understand that this change is inevitably good for the overall well-being of the society. Crimes can be controlled if both men and women understand these dynamics, and embrace the positive changes in the society. If they resist change, conflicts are bound to continue.

Dr. Ranjana Kumari is an Indian human rights activist, director of the New Delhi-based Center for Social Research (CSR) and president of Women Power Connect (WPC), a non-profit organization focusing on gender justice.

The interview was conducted by Gabriel Domínguez.

http://www.dw.de/misuse-of-anti-dowry-law-exposes-failure-of-indian-authorities/a-17762685

Pages