Is This a Law or Legal Terrorism

It is true that large numbers of women are suffering in India. I fully support eradication of Dowry system, and domestic violence. However, prudence says whenever there is problem solution should be such, which do not open bigger floodgates elsewhere. Unluckily while trying to protect interest of Daughter-in-laws, our leaders did not make provisions to deal with cases where daughter-in-law is terrorising every one else in the family. It is responsibility of our leaders to enact laws, which promote family unity, harmony and are for betterment of society. Law should be such where if any family member is trying to harass any one else, in the family; the person harassing is punished.

To deal with Dowry / Harassment cases, section 498a was inserted in the Indian Penal Code. When section 498A was enacted, purpose / Inner meaning were to help the wife to stay with her husband, and at the same time protect her from marital violence, abuse, and extortionist dowry demands.

However, actual implementation of 498a has left a bitter trail of disappointment. National Commission for Women (NCW) may quote any data or facts, but real picture is known to our Judges who deal with such cases. Judges, after examining evidences of such cases, has opined that in large number of cases provisions of sec 498a has been misused. Judges has commented that, these are the offences whose deterrence has proved worse than remedy.

There are any numbers of cases where even if no dowry was taken / demanded, just because wife was not able to adjust to husband home, in the name of Dowry, 498a has been used as an instrument to harass innocent husband, his age-old parents, and his married / unmarried sisters including those who are staying in other city or abroad. Based on girl's complaint, police blindly without any proof or enquiry; arrested all those named in the complaint and put them in jail.

There are instances where the main point of discord between the couple was that the wife wanted the husband to leave his aged parent's home or an old widowed mother and set up a nuclear family; since man resisted, wife used 498A as a bargaining device. Fear of 498a is one of the reasons, why more and more sons are moving towards nuclear family system, and his aged parents are forced to live alone or take shelter in old age homes.

Although Judges strongly feel that provisions of 498a needs to be amended, but are unable to do any thing since power to amend Law is in the hands of our Politicians.

One-sided provisions of Sec, 498a IPC are, responsible for increase in divorce rate. Recently introduced Domestic Violence Act is also one sided and it will further accelerate divorce rate. Indirectly our leaders are supporting single-parent system, which is worst for any society especially for senior citizens and growing children. Such system leads to increase in crime rate.

India is not the only country where family disputes take place; however, no country has laws, which empowers its police to arrest entire family and put them behind bars without an investigation. Even in case of POTA, only culprit goes to jail not whole family.

In no country people are put in jails, until case has been heard by a judge and person declared a culprit. It is only in India where people implicated with 498a, are put in Jails even before case is heard by a Judge.

In India, commissions are formed, and after commission / committee, submits its recommendations, many recommendations are not accepted, why, answer is best known to our political leaders. Justice Malimath Committee recommendation, on reforming the criminal justice system is relevant.

Undoubtedly, we need law against Dowry / Domestic Violence, however law should be such where real culprits are punished, and innocents are not harassed / victimised. Since actual implementation of 498a has proved that in most cases, its provisions have been misused, it becomes responsibility of GOI, Judiciary system, Police, and NGOs to amend this Act to salvage and save the institution of marriage. Following realities are relevant:

1. It is a myth that Sec 498A / Domestic Violence Act protect the women. In fact, these Laws are against women themselves, and also adversary effecting children / senior citizens. If one woman (DIL) is not satisfied with the family or unable to adopt customs / family traditions of her husband, then nearly three innocent women (mother, married, unmarried sisters) in the husband's family go to jail WITHOUT INVESTIGATION.

2. It becomes difficult to find a suitable match for an unmarried girl who went behind bars for no fault of hers.

3. After release from jail, life of married girls' becomes hell, since their husbands were also falsely implicated and jailed.

4. Boy side suggestion for a simple wedding ceremony is not acceptable to bride's parents, since they want to prove their status in the society and towards this they try to out perform what other did in their circle. Simple weddings are not acceptable to girls also, since they too want to show type of family they belong, moreover it is a big day of their life.

5. Majority of girls who used 498a were not aware of implications of this law. They were misguided by agencies, which stand to gain financially in many ways. These girls were under impression that by using this law they will be able to bring her husband and in- laws under their thumb. They were not aware that 498a case once filed cannot be withdrawn without permission of High Court, and result will be divorce.

6. As per police records, women are getting involved in all types of crimes. Thus, presumption of our politicians / NGOs that, daughter-in-laws will not lie is a myth.

7. One-sided laws like 498a and Domestic Violence Act, where it is assumed that daughter-in-laws only are sufferers and innocent, while rest family members are culprits; are forcing senior citizens / innocent family members to suffer silently and live under stress and get suffocated by wilful daughter-in-law's actions / attitude.

8. There is no law under which senior citizens /innocent family members, who are suffering at hands of daughter-in-laws, can seek protection?

9. Once a family has been sent to jail even for a day; possibility of reconciliation under any circumstances finishes.

10. Judiciary system drags the case for 8 - 12 years and marriage ends in a divorce, result both girl and boy waste golden years of their youth. Their income / savings are spent on litigation which otherwise could have been used for better living and education of children.

11. Even in cases where there is lack of compatibility between couple, instead of Mutual Divorce, girl and her parents prefer to file a false case under sec 498a, since they want to create pressure of 498a on boy's family and then bargain on amount of alimony and maintenance.

12. Social science research shows that children of divorced parents pay a high price physically, mentally and emotionally.

13. Mary Corcoran, a professor of political science at the University of Michigan, did a study showing that family income drops significantly after a divorce. Families that were not poor before a divorce, the income plunge can hit 50 percent. Thus, children of divorced parents are likely to live in poverty, have health problems, and become victims of abuse and neglect.

14. The break-up of families leaves one parent trying to do the work of two people-and one person cannot take care of family that well as two can.

15. Study, published in the American Journal of Public Health, showed when the divorce occurs before the child's fourth birthday mortality rates of children increases.

16. Fagan and Rector Study show that High school dropout rates are much higher among children of divorced parents than among children of always-married parents.

17. Three of fourteen suicides occur in single-parent families.

18. Children who live apart from their fathers experience more accidents and a higher rate of chronic asthma, headaches, and speech defects.

19. Eighty percent of the adolescents in psychiatric hospitals come from fatherless homes.

20. Compared to girls raised in homes where both parents are present, the daughters of single parents are 164 percent more likely to become pregnant before marriage, 53 percent more likely to marry as teenagers, and 92 percent more likely to dissolve their own marriages.

21. Children have a right to a relationship with both parents and in most cases; there are positive benefits from that. UP to a third of children from broken families lose touch with one of their parents.

My submission to GOI, Judiciary system, NGOs, society, and Police Department is to enact laws, which protect both husband and wife equally. Create laws, which punish real culprits, and help families to live in a harmony and save marriages. For this, 498a / Domestic Violence Bill need to be suitably amended and existing loopholes plugged. I support equal rights for women, provided it is for equality and not superiority and create imbalance. Our elders always advocated that man and women are two equal wheels of the society, if existing laws are not modified in time, these laws will do more damage to India than what terrorists can do. We need to have broader out look and wake up. Towards this, followings are suggested:

1. 498a complaints should be first investigated by designated authorities, instead of police without any proof blindly arresting all those named in a complaint.

2. No one should be put in Jail until case has been heard by a Judge and person declared culprit.

3. Existing provisions where burden of proof rest on husband and his family should be amended and should rest on the person making allegations, family, which did not take dowry or made any dowry demand how they can prove their innocence.

4. In case allegations are not proved, action is taken against people who made false allegations.

5. Laws should be balanced and either of spouses who are at fault should be punished. It is wrong to assume that only husband and his family commit crime or Domestic Violence.

6. If GOI is serious about eradicating Dowry system, then person who gives dowry should be prosecuted, since such person becomes equal partner in crime. Punish both giver and taker of dowry and system of dowry will die automatically.

7. It is a known fact that some NGOs are working towards getting a law enacted where dowry giver should not be treated as a culprit. Plea of these NGOs is groom side forces bride side for dowry. Such one sided laws will lead to more false 498a cases. Will law accept plea of a culprit who says I was forced to commit murder.

Request to women readers:

Please appreciate it is not only men who are affected by 498a / Domestic Violence Act, tomorrow your Daughter-in-law or Sister-in-law with High Ego can falsely implicate you also. For every 498a case, at least two women (mother & Sister including those who were staying in other city or abroad) go behind bars. Records show that in many cases distant relations, friends, became victim of 498a case and were jailed.

It is not a gender war. Culprits must be punished. Dowry system and Domestic Violence must be eradicated, as these are evils of society. However, this is voice against WRONG LAWS. If 498a and domestic violence Acts are suitably, amended dark, days are ahead for senior citizens & Society.

To know more on these issues, search on internet (498a.org) and (saveindianfamily).