Section 498A of the IPC:
This is the most controversial Section of the Indian Penal Code and one that receives the highest media attention these days. It reads as follows:
“498A – Husband or relative of husband of a woman subjecting her to cruelty:
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 extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, “cruelty” means-(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.”
The Dowry Prohibition Act of 1961:
The DP Act is a related law which defines giving, abetting and taking of dowry as criminal acts, and it also prescribes many rules as to the exchange of gifts, expenditure at the time of marriage and declaration of the same to the Government.
The purported aim of the DP Act is to curb the practice of dowry and to prevent extravagant marriages.
Anti-dowry laws ineffective:
Together, IPC Section 498A and the DP Act are promoted under the label of women-protection laws.
Law enforcement officials, judiciary, general public and even feminists criticize these laws for being ineffective in curbing dowry or dowry harassment.
This factsheet highlights the magnitude and intensity of harm caused by Section 498A and the current implementation of the DP Act. The information presented below sheds light on the reasons why anti-dowry laws are ineffective.
Number of cases filed:
| Case Type | 2005 | 2006 | 2007 |
| 498A | 58319 | 63128 | 75930 |
| DP Act | 5243 | 4504 | 3204 |
| Table No.1 | |||
Number of Persons arrested in Section 498A:
| Gender | 2005 | 2006 | 2007 |
| Male | 98815 | 105927 | 120745 |
| Female | 28745 | 31253 | 35667 |
| Total | 127560 | 137180 | 156412 |
| Table No.2 | |||
Note: The total number of persons arrested under Section 498A is 421,152 in just 3 years!
Low conviction rate:
Ad-hoc studies have hinted at a very low rate of conviction – 2% or even less – under section 498A.
There are several instances where convictions by lower courts have been reversed by the Higher Judiciary.
Taking the conviction rate to be 2%, out of the 421,152 people arrested, 8423 people could not prove their innocence while 412,279 people were successful in proving their innocence.
Unfortunately, proving one’s innocence is an extremely expensive and time consuming affair, costing an individual lakhs of rupees and 4-10 years of one’s life.
Voices of reason ignored:
Numerous authorities including Her Excellency the President of India Smt. Pratibha Devisingh Patil, the Supreme Court of India, Chief Justice of India Shri K G Balakrishan, various High Courts, eminent lawyers, and several NGOs under the aegis of the Save Indian Family movement have raised concerns over the misuse of Section 498A and the arrest of innocent people under false cases filed by greedy, disgruntled women.
So far, no measures have been taken to curb the arrests of innocent citizens or to prevent misuse of the law.
Constitutional and Human Rights violated:
IPC Section 498A and DP Act consider the accused as guilty until proven innocent, and under these laws, the accused are punished even before investigation or trial.
The criminal justice system, which has been thoroughly “sensitized” by radical feminists, is jeopardizing the life and liberty of everyone in the accused husband’s family (including minor children, pregnant sisters and senior citizens) just to satisfy the greed and ego of one ‘woman’ – the wife/daughter-in-law.
These laws violate a citizen’s basic right to life and liberty, right to due process, and right to be presumed innocent until proven guilty.
The Paradox:
Radical feminists vehemently reject all proposals to amend Section 498A claiming that its enactment was the result of years of tireless campaigning to provide protection to the married woman.
Radical feminists ignore the fact that over 123,000 innocent women (mothers and sisters of men who were implicated in 498A cases) were arrested under Section 498A over a span of just 4 years (2004 – 2007) without evidence or investigation.
Radical feminists ignore the fact that for every woman who files a false case under Section 498A and DP Act, at least TWO women in the husband’s family suffer unnecessary arrest and legal harassment.
Radical feminists ignore the fact that due to a spate of false cases, timely justice is denied to genuinely abused women.
This is the most deplorable fact about Section 498A – the law claiming to protect women is their worst abuser.
DP Act not implemented, only misused:
The DP Act came into effect 48 years ago, and yet women’s rights activists claim that the problem of dowry is only getting worse every day.
Basing their claim on the rising number of dowry cases, they constantly urge the Government to introduce more stringent provisions against the husband and his family.
The current DP Act is sufficient to contain the dowry menace if it is implemented in its true spirit i.e. penalizing BOTH dowry givers AND dowry takers.
To date, not a single woman or her family has been punished for either “giving dowry” or “admitting to giving dowry”, whereas scores of husbands and their relatives have been arrested upon mere allegations every day.
Section 498A and DP Act destroy families:
Once a case if filed under IPC Section 498A and DP Act, the marriage invariably ends in divorce.
Section 498A and DP Act have not only converted marriage into a crime, but also serve as weapons that break marriages and destroy families.
Section 498A and DP Act are two examples which illustrate the success of the radical feminist campaign of hatred against men and disdain for the family.
[...] Day 6: Misuse of Sec. 498A of IPC and Dowry Prohibition Act http://aimwa.in/misuse-of-sec-498a-of-ipc-and-dowry-prohibition-act [...]
Out of total people arrested(without evidence or investigation!) in IPC 498a 28% are women!. While in other IPC crime sections only around 5% are women, among total arrested…. how is this possible, the only explanation for percentage of women being 5 times is that 498a is being grossly misused against women themselves(although its touted to be a women-protection law!)
[...] Day 6: Misuse of Sec. 498A of IPC and Dowry Prohibition Act [...]
[...] Day 6: Misuse of Sec. 498A of IPC and Dowry Prohibition Act [...]
Dear Sir/Madam,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barasat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe “Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdah. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010.
Thanks
Dear Sir/Madam,
Dear friend’s, actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B, C.M. in W.B., CBI in W.B, CID in W.B, Governor in W.B, and President in India. P.M. in India, Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, my nation, all of the news channels, and all press, and many more, absolutely you also, But nobody help me, I think you can help me, so I write to you. I’m Punishment + harassment Without Crime.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
W.B. India.
Irrespective of what the courts have set out about no-arrest, avoiding misuse of law etc etc arrests and threat of arrest do happen day in and day out…just on the basis of the woman’s word.
Further The DV act makes marriage a very dangerous proposition in India
Males are the biggest victims of the marriage industry.
To add to this Sohaib and a 1000s of others have added to the morass by paying huge ransoms to women who file false cases and harass them
More rape cases (recent ones, where consensual sex has now become rape) at http://bit.ly/cnt3td
DEAR SIR,
I AM G V N N R DINAKAR .MY MARRIAGE DONE ON 20-AUGUST 2005.FROM THE MARIAGE HER PARENTS THEY DID NOT DO WELL TO HER AND US WHE SHE WAS PREGNANT THEY DID NOT CALL HER AND HER MOTHER SAYS IF ANY ONE SLEEPING WITH HER HUSBAND THEY CAN GET PREGNANT THIS KIND OF WORDS THEY ARE USING AND SHE DELIVERED CHILD ON 25 SEP2006 AND HER FATHER SAYS US AND WE GO TO SEE MY CHILD AND THEN HER FATHER BRING SOME MANS TO BET US BUT WE TRY TO UNDERSTAND THEM AND CONVIENCE THEM AND THEY GONE AWAY.AFTER THAT MY WIFE GONE TO 2 ND DELIVERY SHE AT THAT TIME SHE TOLD ME I AM NOT COMING FOR TO WHEN U DID NOT STAY WITH U R FATHER AND MOTHER I CAN COME OR I AM NOT THEN HER RELATIVE CONVEINENCE HER AND SEND HER.ON 2007 DEC I AM WORKING AS A BRANCH MANAGER AT INDIAINFOLINE AT GUDIVADA BRANCH AT THAT TIME ON DEC 02 2007 I MET AN ACCIDENT AND IAM KOMA STAGE ON 1 MONTH MY FATHER IN LAW AND MY WIFE AND HER FAMILY MEMBERS NO ONE CAN NOT COME TO SEE ME IN THE HOSPITAL IN THAT STAGE ALSO AT THAT TIME MY WIFE LIVING WITH ME SHE AT IN MY HOME NOT IN HER FAHTERS HOME SHE COME TO HOSPITAL IN THE OUT SIDE BUT SHE DID NOT TRY TO COME IN INSIDE TO SEE ME AND SERVE ME AT THAT TIME MY FATHER AND MOTHER MY SISTERS ARE SERVE ME BUT SHE DID NOT COME TO SEE ME AT THAT STAGE MY FATHER IS HEART PATIENT AT THAT TIME ALSO HE SERVE ME AND MY OFFICE STAFF SERVE ME BUT MY WIFE DID NOT AFTER THAT WE DONT HAVE ANY DISCUSSIONS WITH MY WIFE FAMILY MEMBERS AFTER SHE DID NOT TAKE ANY FOOD FOR HER FATHER AND MOTHER AFTER I CALL THEM AND SAID UR DAUGHTER IS NOT HEALTHY PLEASE COME AND SEE HER BUT THEY GONE TO DSP FOR FAMILY CONSILING AT THAT TIME SHE SAYS I AM NOT COMING WITH U THEY ASK TO HER U COME ON WITH US WE CAN SERVE U BUT HSE SAID I AM NOT.AFTER THAT MY FATHER DONE BYEPASS ON 02-03-2010 AT STAR HOSPITAL HYDERABAD ON THAT TIME I CALLED HER BIG FATHER AND COMPRAMISE AND MET HER EACH OTEHR WITH HER FAMILY MEMBERS SHE IS TOOO WEAK THTA’S Y I MET HER WITH THEIR FAMILY MEMBERS BUT SHE LIVE MY CHILD AND GONE AWAY AND TAKE WITH 10 GARAMS OF GOLD WHAT IS IN HER NECK ON 25-04-2010 EARLY IN THE MORNING AND HER FAHTER PUT ACASE ON US 498A WE GET BAIL AFTER I AM ARRESTED AND IN THE COMPLAINT THEY ARE WRITTEN ANY DOWRY MATTER SIR PLS STUDY THE FIR BELOW MENTIONED SIR PLEASE SAVE ME AND MY FAMILY MEMEBERS IN THIS CASE SIR MY FAHTER HEALT IS NOT GOOD SIR PLEASE HELP ME .
F I R
Report given by Kondepudi surya sambhu raju who is the father in law of my self. My name is kondepudi surya sambhu raju and i got 2 children one is male and another is female .My daughter name is Naga Venakata Satya Srilakshmi passed Bcom.The marriage of my daughter setteled through marriage bureo at rajahmundry with Gangaraju venkata Naga Narasimha Raghava Dinakar.The marriage held on 20-08-2005 at Nalam vari choustry at rajahmundry.I gvie 70,000 rs of Money towords Dowry to the Bride groom and also gave House hold Articals worth of rs 10,000 to My daughter at the time of sending her to the House of my son in law.At that time my son in law working in stock broking Company.Now I heared that he was in the House idely.And he also one Male child age of 4 yrs and also one baby the said baby Died in that age of 7 months Due to harasment of my Daughters Mother in law.After the marriage of my daughter her husband GVNNRDINAKARand father in law RAVIMOHAN ,Mother in law SUBBALAKSHMI and sisters in laws ( sisters of Dinakar)A.S.PADMAJA ,P.SAILAJA are not seeing my daughter properly and harasing her towards Mentally and physically and thta said persons send my daughter to the Tirumala dairy as a Employee for seeking Money and then shifted their family to some other places and also not given the feeeding (food) to my daughter my daughter father in law ,mother in law ,and sisters of Dinakar to not Cooperate with my daughter to leading the family life properly with my son in law.if the same this to reval to the father and mother of my daughter to their with koncesmace and also bet my daughter with their legs and hands .Recently the father in law of my daughter Ravimohan to ask my daughter to satisfy him in sex.The same same this was reported to her husband and mother in law and they fouced fault with her and bet her.After one month back the family of my son in law shifted to sivalayam street old guntur .till now they are treat my daughter same thing. on dated 24-04-2010 at night time the father in law of my daughter and mother in law of her husband were Quraled with each other and bet my daughter with legs and hands and pushed her from the house of my son in law keeping their son with my son in law .my daughter only come to my relativies house and came to our house at hyderabad with relatives and said their all the above things to me my daughter think no security to ther life hence i came to the Police station and i gave the report to the S.I OF POLICE OLD GUNTUR P.S.