Note: This is a translation of an article on 498a published by leading bengali daily Anandabazar Patrika on 3-Aug-2014, to assist folks who cannot read Bengali
Originally written in Bengali By: Susnat Chowdhury of ABP
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In more cases section 498a is used to harass husband's family than to protect a victim wife - if said, not only feminists but also passengers in local train will protest. But available information says - year after year majority of the complaints don't get proved and raise a doubt that most of them may be false complaints, a strategy to harass and humiliate husband and in-laws. The provision 498a was born in 1983 to eradicate the dowry menace and to protect wives from that. Then how it has turned 180 degrees now? In legal term it is non-bailable, which means one can apply for bail only on appearing in court. And it is cognizable, which means police does not need to do a primary investigation or a warrant to arrest and take someone in custody. Just pick and put them in jail. Many women started taking this easy route with glycerine in their eyes - "Saja" in bengali means both punishment and 'make up'. This is so widespread that recently Supreme Court has passed a judgement saying police cannot arbitrarily arrest just upon filing of a complaint. First they have to investigate and see if arresting someone is necessary or not. Once a shield has now become a weapon, Supreme court acknowledged. Nine years ago the apex court termed this provision as 'legal terrorism'. Many high courts across India has repeatedly criticised the growing misuse of this provision.
It is true that many women face severe violence today within four walls of home by husbands and in-laws. That does not mean every husband is Prem Chopra and every wife is Nirupa Roy. Recently published Information from National Crime Records Bureau says - last year a husband committed suicide evert 8 minutes 12 seconds. In 2013 number of married men committing suicide is more than twice as that of married women. Ratio for suicide due to family problems is alike. last year 21,096 males committed suicide to find escape from family problems, while for same reason 11,229 females committed suicide. Every such instance is unfortunate, but this glaring information shows men are under immense pressure too. Was it supposed to be like this?
A simple comparison between cases filed in 2012 and 2013 tells the growing trend of taking 498a route. In one year the growth is more than 11.5%. Most cases were filed under this section in this West Bengal. But in this state the complaints were proven only in 2.3% cases. In whole country, just like previous years, most cases did not have much progress in 2013 too. In whole country in only 16% of cases conviction happened.
It may be a fact that a lot of victims have not even heard of 498a. Many can not even reach police station. And, it is not easy to prove the torture that takes place in the darkness within four walls. It is even more difficult to prove mental tourture/cruelty. But it does not mean there is no litigious, opportunist wives. If protection is more important then to punish someone, one can bring lawsuit under domestic violence act instead of 498a. Many don't even file a complaint - they get their way just by threatening husband's family. By using 'non-bailable' and 'cognizable' nature of this section - many extract huge sum from in-laws of two days, or in some cases put pressure back when they are caught in illicit affair, or to make way back to paramour by easy divorce, or to force husband to reside separately from his parents, or when caught in a lie on pre-marriage illness or educational qualification - so many reasons behind 498a misuse, says many NGOS working in this area. Even in few instances women are going into marriage with a plan to use 498a in near future.
Jayanta Narayan Chowdhury, advocate practicing in Kolkata High Court and Radhikanath Mallick, chief of 'Pirito Purush pati Parishad' agree. They clearly say - 498a cannot be mixed with other provisions. There are families, society in stake. Many innocent husbands are being harassed along with their relatives. Being thrown in jail, loosing job, getting defamed and some even ending their loves. Old, young, child and even other female members in family are getting entangled. In 2013 alone, 47471 women were arrested under this law. Think about that sister in law in jail, who one day extended courtesy and welcomed her brother's wife. May be there are talks about her own marrige. Or may be waiting for a call letter for job. Isn't her future getting under a dark cloud? In many cases the biggest sufferer is a clild, their own. Not only that, as a whole the legal system of the country is getting polluted. Due to load of false cases valuable time of courts are getting wasted, justice is getting delayed for real women victims. World Health Organisation declared, 498a is one of the main reason for harassment of Senior Citizensin India. Administrations of US, Canada has reminded and warned their citizens to think twice before getting into a relationship with Indian.
Now organisation like 'Save Bengali Family' are talking about saving families. 'Hridaya - Nest of family harmony', Kolkata chapter of 'Save Indian Family' has launched mobile application few months back to support the helpless husbands dragged info false 498a cases. Legal advise and information on 50 NGOs from 50 cities are available there. www.498a.org is providing online advice, various news and horrific experiences from fake 498a cases. Some of what men focussed organisations say may sound misogynist, but it is not like their whole view on this is gender-biased.
So many false cases and their is no hand of evil women - something like that is often quoted, with 'bucked-shovel', proclaimed feminist social worked and lawyer Flavia Agnes that few lawyers in lower court and corrupt police are the main culprits of 498a use. Also, they argue number of cases where charge sheet are filed is very high, means police has investigated and felt the complaints are true and hence filed charge sheet. Meaning - police is clean and corrupt at the same time. Difficult to understand quantum physics like Schrodinger's cat may work here, can 498a?
Now what? Thinking of a good life after marriage, when a husband gets on a way to die - in literal sense and financially, any way to give Oxygen? His sufferings are not from gas/indigestion - some of the pain came from his lovely wife - sudden, and in some cased from a heart attack due to this. Some asking for a law '498b' protecting interests of men. Malimath committee has recommended that 498a be made bailable and compoundable. Some is asking to send the whole provision in cold storage. Some saying, let 498a stay, but with changes - a counselling should be made mandatory before filing cases under 498a. They all agree - with changing time, the law also needs change - today domestic dispute is not limited to dowry and jewellery - there is chat, there is Facebook too. Actually, time has come for us to understand - IPC 498a is a truth, but not the ultimate truth. And time has come to pay attention to what US social worker Warren Farrell said towards end of last century "In the past quarter century, we exposed biases against other races and called it racism, and we exposed biases against women and called it sexism. Biases against men we call humor."
Originally written in Bengali By: Susnat Chowdhury of ABP
------------------------------
In more cases section 498a is used to harass husband's family than to protect a victim wife - if said, not only feminists but also passengers in local train will protest. But available information says - year after year majority of the complaints don't get proved and raise a doubt that most of them may be false complaints, a strategy to harass and humiliate husband and in-laws. The provision 498a was born in 1983 to eradicate the dowry menace and to protect wives from that. Then how it has turned 180 degrees now? In legal term it is non-bailable, which means one can apply for bail only on appearing in court. And it is cognizable, which means police does not need to do a primary investigation or a warrant to arrest and take someone in custody. Just pick and put them in jail. Many women started taking this easy route with glycerine in their eyes - "Saja" in bengali means both punishment and 'make up'. This is so widespread that recently Supreme Court has passed a judgement saying police cannot arbitrarily arrest just upon filing of a complaint. First they have to investigate and see if arresting someone is necessary or not. Once a shield has now become a weapon, Supreme court acknowledged. Nine years ago the apex court termed this provision as 'legal terrorism'. Many high courts across India has repeatedly criticised the growing misuse of this provision.
It is true that many women face severe violence today within four walls of home by husbands and in-laws. That does not mean every husband is Prem Chopra and every wife is Nirupa Roy. Recently published Information from National Crime Records Bureau says - last year a husband committed suicide evert 8 minutes 12 seconds. In 2013 number of married men committing suicide is more than twice as that of married women. Ratio for suicide due to family problems is alike. last year 21,096 males committed suicide to find escape from family problems, while for same reason 11,229 females committed suicide. Every such instance is unfortunate, but this glaring information shows men are under immense pressure too. Was it supposed to be like this?
A simple comparison between cases filed in 2012 and 2013 tells the growing trend of taking 498a route. In one year the growth is more than 11.5%. Most cases were filed under this section in this West Bengal. But in this state the complaints were proven only in 2.3% cases. In whole country, just like previous years, most cases did not have much progress in 2013 too. In whole country in only 16% of cases conviction happened.
It may be a fact that a lot of victims have not even heard of 498a. Many can not even reach police station. And, it is not easy to prove the torture that takes place in the darkness within four walls. It is even more difficult to prove mental tourture/cruelty. But it does not mean there is no litigious, opportunist wives. If protection is more important then to punish someone, one can bring lawsuit under domestic violence act instead of 498a. Many don't even file a complaint - they get their way just by threatening husband's family. By using 'non-bailable' and 'cognizable' nature of this section - many extract huge sum from in-laws of two days, or in some cases put pressure back when they are caught in illicit affair, or to make way back to paramour by easy divorce, or to force husband to reside separately from his parents, or when caught in a lie on pre-marriage illness or educational qualification - so many reasons behind 498a misuse, says many NGOS working in this area. Even in few instances women are going into marriage with a plan to use 498a in near future.
Jayanta Narayan Chowdhury, advocate practicing in Kolkata High Court and Radhikanath Mallick, chief of 'Pirito Purush pati Parishad' agree. They clearly say - 498a cannot be mixed with other provisions. There are families, society in stake. Many innocent husbands are being harassed along with their relatives. Being thrown in jail, loosing job, getting defamed and some even ending their loves. Old, young, child and even other female members in family are getting entangled. In 2013 alone, 47471 women were arrested under this law. Think about that sister in law in jail, who one day extended courtesy and welcomed her brother's wife. May be there are talks about her own marrige. Or may be waiting for a call letter for job. Isn't her future getting under a dark cloud? In many cases the biggest sufferer is a clild, their own. Not only that, as a whole the legal system of the country is getting polluted. Due to load of false cases valuable time of courts are getting wasted, justice is getting delayed for real women victims. World Health Organisation declared, 498a is one of the main reason for harassment of Senior Citizensin India. Administrations of US, Canada has reminded and warned their citizens to think twice before getting into a relationship with Indian.
Now organisation like 'Save Bengali Family' are talking about saving families. 'Hridaya - Nest of family harmony', Kolkata chapter of 'Save Indian Family' has launched mobile application few months back to support the helpless husbands dragged info false 498a cases. Legal advise and information on 50 NGOs from 50 cities are available there. www.498a.org is providing online advice, various news and horrific experiences from fake 498a cases. Some of what men focussed organisations say may sound misogynist, but it is not like their whole view on this is gender-biased.
So many false cases and their is no hand of evil women - something like that is often quoted, with 'bucked-shovel', proclaimed feminist social worked and lawyer Flavia Agnes that few lawyers in lower court and corrupt police are the main culprits of 498a use. Also, they argue number of cases where charge sheet are filed is very high, means police has investigated and felt the complaints are true and hence filed charge sheet. Meaning - police is clean and corrupt at the same time. Difficult to understand quantum physics like Schrodinger's cat may work here, can 498a?
Now what? Thinking of a good life after marriage, when a husband gets on a way to die - in literal sense and financially, any way to give Oxygen? His sufferings are not from gas/indigestion - some of the pain came from his lovely wife - sudden, and in some cased from a heart attack due to this. Some asking for a law '498b' protecting interests of men. Malimath committee has recommended that 498a be made bailable and compoundable. Some is asking to send the whole provision in cold storage. Some saying, let 498a stay, but with changes - a counselling should be made mandatory before filing cases under 498a. They all agree - with changing time, the law also needs change - today domestic dispute is not limited to dowry and jewellery - there is chat, there is Facebook too. Actually, time has come for us to understand - IPC 498a is a truth, but not the ultimate truth. And time has come to pay attention to what US social worker Warren Farrell said towards end of last century "In the past quarter century, we exposed biases against other races and called it racism, and we exposed biases against women and called it sexism. Biases against men we call humor."
