[Commons-Law] Re: Yes 498a is really getting more and more misused

[Peter II]

Dear All:
 
Peter: "Yes, the extraordinary thing about 498a is it requires no proof whatsoever and all the people named in the FIR be it false are put in jail" 

JK: "Where did you get this from? Sec/ 498A is part of the Indian Penal Code and requires the same amount of investigation and proof for arrest as all other cognizable offences."
 
Peter: Since 498a is a congnizable offense and since the complainant (wife or someone from her family) files an FIR, usually this is enough and no further evidence is requierd for police to arrest everyone named in the FIR.
 
I would like to end this by one sentence
 
"In almost hundred percent of cases that came to my notice where a husband files for divorce for whatever reasons has either resulted in 498a or threats and blackmails on the basis of 498a"
 
I think this one sentense alone speaks for itself. 
 
Here are some bare facts about 498a

   498a is a legal loophole in the Indian law system which needs to be plugged as soon as possible. 
   This law originally meant for the rural woman who never get to use it, because they are too fearful and illiterate to use it. 
   To eradicate dowry from India we do not need 498a we need women education in rural India. 
   498a does not save people it kills people. 
   498a is worse then AIDs virus and is spreading in our society at a faster pace. 
   498a results in innocent old people which includes mother in law, pregnant sisters to be jailed without any proof. 
   Let us stop rampant misuse of 498a in our society
   Let us join hands to put people who misuse 498a behind bars
   Let us join hands in killing 498a.
Peter


Jayna Kothari <jaynakothari at justice.com> wrote:

Dear Peter and Satyamev,

You said,
"Yes, the extraordinary thing about 498a is it requires
no proof whatsoever and all the people named in the FIR
be it false are put in jail" 

Where did you get this from? Sec/ 498A is part of the
Indian Penal Code and requires the same amount of
investigation and proof for arrest as all other
cognizable offences. 

"The nature of 498a being that it is non compoundable
which means once the wife or some one from her family
files a 498a they cannon take it back and the onus of
proof is on the defendent." 
This is exactly where the law is being overturned
against women. Even though a case under 498A cannot be
compounded or taken back, official state records show
(including the Karnataka State Crime Records) that
these cases are being taken back and women are forced
to settle them by the police and magistrates. 

"If the police do some investigation before arresting
as they do for murders and serial killers I think
things would be much better. Are these innocent old
parents and sisters of husband worse than those serial
killers?"
You know Peter, if a woman is killed within the four
walls of a home, I dont think it is any different from
murder. The family members or whoever is responsible
for such killing should be treated as seriously as
murderers.

And lastly one response to Satyamev,
Satyamev, I am not only using studies done by women
since you say that they may be biased. Would you say
that the reports of the Karnataka State Crime Records
are also biased? I am sure these records were not made
by women!! 
also one last question for you. You have made so many
statements on 'truths about section 498A' on your blog
and also in your email. Can you please give me some
sources or empirical studies to support your
statements? You have said that there are High court and
Supreme court judges who deal with this social epidemic
on a regular basis have said that the percentage is
somewhere around 70-80%. I dont think we can rely on
judges statements merely because they are judges. So
please give me the exact judgements where these judges
have said so, and give me information whether they have
relied on any statistics whatsoever to state that the
percentage of misuse is 70-80%. I am truly interested
and curious.

thanks,
Jayna

__________________________________________________
Do You Yahoo!?
Tired of spam?  Yahoo! Mail has the best spam protection around 
http://mail.yahoo.com 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mail.sarai.net/pipermail/commons-law/attachments/20050925/52ebb061/attachment.html