Govt. serious over misuse of Section 498A

Poonam Pandey, New Delhi:

Translated Version:

Misuse of Section 498A (dowry harassment law) has been in discussion since quite a long time. Many courts have accepted the fact about its misuse. Now the Central Govt. also looks serious on this. Law Minister M Veerappa Moily, while answering to a written question raised in Lok Sabha over misuse of Section 498A, told in the Lok Sabha that they have received a lot of complaints regarding Section 498A and they have referred the matter to the Law Commission of India for studying it. Commission will study the misuse of Section 498A, take advice and if needed will also suggest necessary changes in Section 498A. Even the states have been issued advisories to stop the misuse of Section 498A.

Law minister also asserted that the National Crime Records Bureau does not maintain any records about the misuse of Section 498A and as such the Govt. has no official figures about the misuse. However, men’s rights organizations have done various surveys and have raised the issue of misuse of Section 498A from time to time.

In a single district like the Kheeri of Uttar Pradesh, over 1000 minor girls have been arrested under Section 498A in the last 7 years without any investigation / trial. This has come to the notice of international organizations as well. A report on “Elder Abuse in India” by the United Nations talks of a law in India that protects girls from harassment from their in-laws. Some girls are misusing this law to harass their in-laws.

Save Indian Family Foundation, an organization fighting for men’s rights and Gender Equality, has prepared a detailed report on Section 498A on request from the Law Commission of Karnataka. The report recommends Section 498A to be made bailable and non-cognizable. As per figures available more than 94% of people are found innocent of those implicated under Section 498A. Foundation member Virag Dhulia says that the process to decide whether the law is being misused or not has to be made open and also the term “misuse” needs to be defined properly as the misuse is quite widespread. The misuse happens at many levels. It is expected that now the National Crime Record Bureau will keep records of the misuse happening.

498A is a strong law: If husband or his relatives harass for dowry then as per Section 498A they can be subjected to three years of imprisonment. The law engulfs even far-off relatives like husband of sister (whether they have stayed with the couple or not). It is a cognizable offense which means that arrest can happen without court order.

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5 thoughts on “Govt. serious over misuse of Section 498A

  1. I got married to Mrs. Mitali Borthakur Chakravorty on 10th Feb 2010, it was a love marriage there family had no support on it, no one visited the marriage only her sister was present at basisth marriage not even in the reception. Actually i meet the girl on 14th nov 2007 at their home (Ranted place 1 (R1)Jayanagar, Guwahati, Assam) her mother was forcing her and her sister for prostitution. As a social worker i wanted to stop all that and get closer to her. Her mother (Mrs. Rupali Borthakur Borua) was always pressuring me for money which I regular give, for there survival and getting her married to me. On 30th March 2008 her mother and step father (Mr. Bibhuti Barua) theft around 2.8 laks from me at their place (R2-Behind downtown, Guwahati, Assam) which i had reported to police. But as they sifted the house (to unknown place in hangar bari named R-2 Lasubagan) police can’t find them. The girl was in contact with me (when they sifted nearby R-3, chandmari rail line) at that I helped them to start a shop of food and tailor near chandmari rail line but they ruined the business and eat the money. After that I rented her home to stay. on her request 2 times at different places in 1.six mile, 2.Outol, on my behalf as husband but dew to owners complain she have to change houses as I works on a different district( Nagaon, Assam) and they must be doing some nuisance there. At last i took her with me to Nagaon. But once her mother come and given a case in family court, Nagaon (privet hearing of woman’s forum) as they disappear there after the case was in our favor. After that to see was in contact with me and got pregnant, at her 5th month she was kicked out of her house she was staying with me. On 11 Feb. 2010 give birth to a immature (26 week) baby boy. Due infection in urinary system, I informed it my parents they arranged for marriage where her family didn’t had any support. After few months we had shifted to Delhi, i.e. Sahibabad. I.e. in April 2010. But in July 2010 she invited her sister (Mrs. Gitali Borthakur) and her brother in law (Mr. Arif Ahmed) to our place in Delhi. And they ran away living me unknown23rd July 2010 which was also reported to police on 27th July 2010, later she was again in touch with us and returned to my parents place (Nagaon, Assam) in October and I also came back to Assam. On 22th December 2010 see felt seek after lot of diagnosis it has been found that she is suffering from SLE –IV with nephrolupites, i.e. WHO-IV on 11th January 2011. We had done all possible treatment with all specialists in the Region. At different point of time her family was mentally torturing our family, assaulting with bad words, manhandling us (my father, me, my sister), and demanding money. On 19th to 22nd April 2011 as a part of her treatment she was admitted in Dispur Hospital, Guwahati. But on 22rd April 2011 the doctor had realized her and suggested to follow the diet list and medicines which she is following for last 4 months with certain speciation’s. But on 23rd morning when we are about to leave the hospital her mother, step-father, sister, Maternal Uncle ( Dadu als Dadul Borthakur) along with lots of people assaulted, man handled us (me, my father, and my sister) very badly and forcefully kept my wife and son. Which we had informed in the nearest police station, Dispur P.S on 23rd April 2011. After a week they are again calling us and demanding money for treatment regularly, many a times we have given money keeping witness. But when she got very serious they had admitted my wife in a nursing home (Nemcare Hospital, Bhangagor) where they have contact but no specialist of the particular disease, she has been kept in ICU from 9th May till 15th May 2011, On 18th they had her admitted at GMC, and declared death on 19th May 2011 morning. On 19th may they, her mother with a lawyer came to Nagaon sadar thana to given case against us under section 498A.They have not informed us about the incident, but when my sister called they told that she is dead and blamed us and threaten us and demanded Rs.80000 if they have to return the death body and the child. But my father went to meet them on 19th May 2010 and fulfil there demanding of money and get the death body and the baby but they denied to give anything and threaten us to give case, after that her family has done the burial without our knowledge. Now we suspect that they murdered my wife and sold her body parts for money.
    Important Details Note: –
    1. All the above mentioned papers are with us.
    2. We came to know that Her Mother and stepfather was in police custody in 2005 for human trafficking whiles both the daughters’ i.e my wife and her sister was send to Assam State Home. Guwahati, but later both of them ran away from state home and bailed the parents, Both Mitali Borthakur and gitali Borthakur were in NGO GOLD also at that period
    Now what to do? Please Help us what should we do guide us.

  2. Name: suresh
    Email: su07sarada@gmail.com
    Victim Location : india
    Hear about us: GoogleSearch
    498A Registered: YES
    498A Place: madanapalli
    498A Date: not shown
    Any Other IPCs: O.P. No.50/2010
    Relatives Accused: wife/husband
    Jailed Days: YES
    Stage of Case: no498a
    Spent Money on 498A: no
    Lived in joint Family: NO
    Marriage Date: 07.03.2007
    Wife Age: 33+
    Wife’s Education Level: MA
    Wife works (earns)?: doesNotWork
    Filed for Divorce: NO
    Have children: YES
    Living With Wife: NO
    Negotiating with Wife: YES
    Took her Stridhan Back: YES
    She had Any Medical Problems: YES_physical
    Willing to Help other Victims: NO
    Ready for TV/Press Interivew : YES
    Contact No: +91 9492920949
    Comments: SIR, my name is suresh. my wife has Ist time in Lock Adalat, PLP No.117/2009. after she canced in two months, she has come to join with me. 2nd time at may 16th 2010, she has complaint in our Itown p.s. for he arrasment and xtra. but S.I. ask to her , what you want to do he( i send curt or in jail). but she said “I want BHARANAM”. then that S.I., says go to court and ask tothat issue. 3rd time she complaint for me in Additional Sub court, O.P. No.50/2010, in main matter is, she wrote in that is “i give Rs.2.50.000/- to me, and in last matter i want to good family with my husband, pls arrange to me”. But recently she given 4th complain of 498A., P.C., has phone for me come with me to go IItown P.S., at 24.06.2011 at 10.45am, go to P.S.2. but, i have not received any letter from court. P.S.2 , S.I. said that you and your mother complain with 498A from your wife. I first time in JAIL in 4 hours.   but main cause is she not doing like those complaints for m
    e and my mother, her father/mother and she know some of BIG C.B.I IN ANANTAPUR PERSON, HYDERABAD SOME ONE LADY D.S.P., IN LOCAL ONE CRIMINAL LAWYER is helping to her.   but i have not received in/to marriage for money/dowry.   from 24.06.2011 i daily attend to P.S.2 from 10am to 5pm. But those in P.S.2 help to my mother Smt M. PADMAVATHY (WIDOW FROM2002), is senior(age 68+).   please help me , because of i have not any lawyer, because of money. and my wife said in sms “your mother pention+amt, in my name of money, vehcle and etc., will have rights to me”. is it possible to any legal. and when she go(16.05.201) on to till23.06.2011 i received 350messages per month.   AT ONCE IN APRIL 2010, HER FATHER SAID “HE IS NOT A GOOD MAN, YOU COME TO OUR HOME. WE DO ANOTHER MARRIAGE TO YOU”. FROM MY MARRIAGE I SUFFER FROM HER FATHER/MOTHER. SO I BUY A CAMARA MOBILE AND RECORDED SOME MAIN PLACES/MATTERS, IN A DVD.  PLEASE HE
    LP ME AND IF NOT POSSSIBLE, I CAN DO BAD

  3. THERE MUST BE A LIE DETECTOR TEST OF LAWYER, THE LADY WHO IS FILING 498A,420,406,125 ETC ETC….SHE SHUD NOT BE SPARED IF SHE IS UNABLE TO PROVE. HER PARENTS SHUD NOT B INCLUDED.

  4. PRESENT INDIAN PENAL CODE ARE USE FULL TO ONLY FOR WOMEN’S. BUT WHAT ABOUT MEN JUDGES AND EX., PERSONS WHAT ARE THEY DOING. NOW DAILY IN ALL INDIA LOCAL AND OTHER MEDIA CHANNEL ARE GIVEN SUPPORTED FOR WOMEN ? WHAT ABOUT MEN’S ? NO MEDIA AND JUDGE / EX., PERSONS NOT SUPPORTED, BECAUSE OF PRESENT ATTRACTED BY MEDIA IS ONLY BY WOMEN’S. WHO TALKING ABOUT MEN’S , I ASKING STRAIGHTLY — ARE U PEOPLE ARE OK WITH UR FAMILY AND CHILDREN’S, RELATIONS AND BEHIND PEOPLE. IF U ARE A GIRL / NOT MARRIED -U DON’T WANT ANY FATHER/BROTHER RELATION. IF U MARRIED PERSON – ARE U A MOTHER, IF S- WHAT ABOUT UR FAMILY MEMBERS AND CHILDREN’S WAY OF THINKING ABOUT U.

    IN OLD CENTURY’S SOME TIME “WOMEN ARE SEPARATED UNITY AND MADE A COUNTRY FOR WOMEN. ARE SEARCHING LIKE THAT COUNTRY. IF S , GO ASK PRESIDENT TO SEPARATED WOMEN UNITY COUNTRY.

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