Why supreme court calls IPC 498A as “Legal Terrorism”? February 2, 2006
Posted by ashishjena in General.trackback
This is an attempt to create awareness among Indian nationals about the rampant misuse of IPC – 498a (Anti-Dowry Law) by unscruplous women to extort money and harass their husband’s family.
If answer to any of the following question is ‘yes’ then It is in you and your family’s best interest to know about the draconian Dowry law of India (known as IPC-498a) because you could be falsely implicated and sent to jail by unscruplous women. The very nature of anti-dowry law makes it wife-biased (daughter-in-law baised), discriminatory, stringent, unprecedented, exceptional and poorly formulated. One line of written or oral complaint from your wife or her family can land husband and his entire family in jail without any investigation.
Helplines :
Email : help@498a.org
All India Helpline Number: 91-09243473794 (24 Hours)
Volunteer Helpline Numbers (limited contact hours)
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Delhi: 9810611534, 9911119113
Chandigarh: 9888562582
Bangalore: 80-55334135
Mumbai: 9224335577
Jaipur: 09352562456
What is IPC-498a ?
Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows,
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extent to may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.”
How are you at risk and why it is dangerous for the society?
Your wife/daughter-in-law who’s demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove that you are innocent.
498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can’t be withdrawn) and cognizable (arrests without investigation or warrants).
There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these cases unsuspecting family of husband has to go through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. Some accused parents, sisters and even husbands have committed suicide after time in jail.
To know more facts about 498a, search the Internet for
“misuse of 498a”
“misuse Dowry laws”
”elder abuse India”
“harassed husbands”.
Download Hindu Marriage Act – 1955
Download the whole Indian Penal Code
Interesting Blogs relevant to this misuse, from all over the world :
