Misuse of Indian Cruelty and Dowry laws by women

Dear Readers

How would you feel if you are arrested in the middle of the night for no fault of yours ?

What would you do if your wife were the prime mover behind the arrest ? and she has used the arrest a bargaining tool ?

Shocking isn't it ? No this can't happen in India ain't it ?

But true, this IS happening in India in this day and age

This has happened to 1000s of Innocent Indian Men in the name of "Cruelty in Marriage". Laws were enacted to protect women. However these laws are being misused by 1000s of MODERN women to settle scores, wreak vengeance, arrested ELDERLY MOTHERS and even pregnant sisters

Here's what's happening

There were adequate provisions in the IPC Sections 323, 324, 325 and 326 for use against anyone who assaults a woman or causes her injury.

In spite of this, The Indian Penal Code was amended twice during the 1980s — first in 1983 and again in 1986 — to define special categories of crimes dealing with marital violence and abuse

In 1983, Section 498A of the IPC defined a new cognizable offense, namely, “cruelty by husband or relatives of husband”. This means that under this law the police have no option but to take action, arrest, once such a complaint is registered by the victim or any of her relatives.

The due process of law prescribes that the "..accused is innocent unless proven guilty..". However in this case the accused is immediately arrested. His image in society is tarnished. His parents and sisters who can also be named in the complaint, are also arrested or harassed..

Sec. 498A of IPC prescribes imprisonment for a term which may extend to three years and also includes a fine. The definition of cruelty is not just confined to causing grave injury, bodily harm, or danger to life, limb or physical health, but also includes mental health, harassment and emotional torture through verbal abuse. This law takes particular cognizance of harassment, where it occurs with a view to coercing the wife, or any person related to her, to meet any unlawful demand regarding any property or valuable security, or occurs on account of failure by her, or any person related to her, to meet such a demand.

However, no punitive provisions were added for those making false allegations or exaggerated claims. There is, of course, the law against perjury (lying on oath). But in India, the courts expect people to prevaricate and lawyers routinely encourage people to make false claims because such stratagems are assumed to be part of the legal game in India. Therefore, the law against perjury has hardly ever been invoked in India.

Section 406, to be invoked by the woman to file cases against her husband and in-laws for retrieval of her dowry prescribes imprisonment of upto three years for criminal breach of trust. Often, highly exaggerated or bogus claims are made by unscrupulous families who demand the return of more than was given as ‘stridhan’, using the draconian sections 498A and section 406 of the IPC as a bargaining tool.

What do we seek here

1. We seek your support to upholding the "..due process of law..". i.e. NO ONE should be arrested for a matrimonial dispute, UNLESS the case has been fully inquired into. i.e. Section 498A should be bailable. Any arrest should be made ONLY WITH A WARRANT !

2. There shall be stringent punishment FOR THOSE INDULGING IN FALSE COMPLAINTS. They are wasting the precious time and resources of the police and indulging in wasting tax payers money by clogging the Judiciary and Police with false and frivolous cases

3. Elderly parents, sisters and OTHER FAMILY MEMBERS should NOT BE ARRESTED unless the complete inquiry is orders

In effect we are fighting for upholding natural justice and the due process of law - a proper trial BEFORE any arrest

We request you to sign this petition and circulate it to as many people as possible

Jai Hind




Vinayak

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