Possible changes in 498A ?

1. Gender Neutrality – All laws should endeavor to punish the guilty and protect the innocent, irrespective of the gender. Given the existing social situation in the country, cruelty by wife and her relatives towards husband and family are rampant. There is no recourse for these husbands and families who are at the mercy of the vicious wife. We suggest that the law be made gender neutral to protect the interests of any innocent, be it a man or a woman. We stress that the gender specific words like “husband” and “wife” be replaced by gender-neutral words like “spouse”.

2. The law be made bailable and compoundable – We suggest that the law be made bailable and compoundable, unless grave physical torture is evident, to prevent harassment of innocent families.

3. Stringent punishments for abusers of law – One of the primary reasons for the misuse of this law is because there is absolutely no penalty for filing a false case. The punishment for misusing this law should be equally stringent. Once a complaint has been found to be false or malicious, severe penalties, including prison term and fine, should be imposed to discourage misuse of this law. The argument that this will discourage genuine victims of dowry harassment to not come forward is fallacious, as it has been comprehensively proven that the majority of the cases filed under this section are false.

4. No Arrests unless absolutely necessary – An arrest on a criminal charge has grave consequences – social, mental and financial, for the individual. Unless there is irrefutable evidence to suggest that the complainant is in grave danger, no arrests should be made. Also, senior citizens, minors (children below the age of 18), pregnant women and people with medical conditions should be excluded from arrests. The final decision in this regard should be taken by an authority, not less than the Superintendent of Police of the District, who too should have general instructions to apply his mind judiciously in each individual case on its merits and then pass suitable order(s) in writing.

5. National Commission for Domestic Harmony – In its overzealousness to protect women rights, the National Commission for Women is working towards ridiculously gender-biased legislation, which is encouraging the disintegration of family as a unit and is against the basic paradigm of justice and social wellbeing. We urge the government to establish a National Commission for Domestic Harmony to protect the rights of men, women and children and to work for the welfare of families and the society in general.

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7 Responses to “Possible changes in 498A ?”

  1. KUMAR Says:

    FOREMOST CHANGE OF THE LAW IS THAT IT SHOULD BE MADE A CIVIL LAW .
    UNLESS UNTILL SOME HARD PHYSICAL DISTRUBANCES ARE THERE IT SHPULD NOT BE TREATED AS A CRIMINAL LAW.
    ONCE THE CASE IS REGISTERRED THE AFTER MATH OF THE CASE IS VERY NEGITIVE TO THE WOMEN WHO FILES IT
    INSTEAD A COMPROMISE INVOLVING SOCIAL LEADERS WITH WRITTED CONSENT OF BOTH THE PARTIES TO BE MADE.
    SEVERAL TIMES CHILDREN SUFFER THE MOST ALL CASES OF THOSE COUPLES WHO HAVE CHILDREN SHOULD BE CLEARED IMMEDIATELY WITH UNDERTAKING BY BOTH SIDES THAT CAN LEAD TO FINANCIAL PENALTIES AND DISTRUBUTION OF WEALTH TO THE PARTY WHO CAN HAVE A MAJOR SHARE.
    NO POLICEMEN SHOULD GET INVOLVED IN SUCH FAMILY MATTERS.

  2. sudeep kumar Says:

    Given the existing social situation in the country, cruelty by wife and her relatives towards husband and family are rampant. There is no recourse for these husbands and families who are at the mercy of the vicious wife.

    The above statement needs reworking. Currently no one is going to take it directly. It should be changed to

    ” the times have changed in the several parts of the country. Earlier in the joint family system there were several safegaurds to prevent the gender violence either way as there used to only limited interaction among the opposite sexes. As the family system broke up it lead to formation of nuclear families with its own inherent frustrations. In some of the families the man often under the stress and influence of alcohol mishandled their womenfolk. The laws were made to stop the violence against women. Though the intentions were good but the drafting was bad. It resulted in the innocent husbands being booked by the unsrupulous wives specially in the urban parts.”

    5. National Commission for Family Welfare – In its overzealousness to protect women rights, the National Commission for Women is working towards ridiculously gender-biased legislation, which is encouraging the disintegration of family as a unit and is against the basic paradigm of justice and social wellbeing. We urge the government to establish a National Commission for Family Welfare to protect the rights of men, women and children and to work for the welfare of families and the society in general.

    the word family wefare immediately brings in the mind the prrogramme of the family contro and the sterilisation programmes run by it. We already has a govt. department with this nae. A name like Family Harmony Commission will be more appropriate.

  3. B K Mishra Says:

    why is India not outraged for the misue of 498a. The answer is that India runs under appeasement policy. One can only think that India is a failure and most undemocratic country where such misuse occurs. May God help unfortunate India.

  4. Righta Says:

    Fear of Punishment should be introduced, in the best possible way(Signing Affidavits, making Perjury a strictly monitored offense)- this will be a good deterant(not since the punishments will be actually doled out, but the misusers will think 1000 times before signing affidavits of this nature).

    More later

  5. Righta Says:

    Hi one plays anywhere one wants(its a free world, and its a free cyberspace), whats ur problem?. Since I was made to stray out of the
    discussion, let me come back to the article.

    The author has taken a lot liberties to write about his ‘beliefs’, so its a good thing that arguments happen and both sides get wiser in the
    process.

    Another sweeping generalisation of the author is that of SATI, where did it use to happen- all over India, or just in 1-2% of the population?. Yes, thats a question since I also don’t know for real, but what I know is that in many regions of the then India, women were respected and they used to be eth partners in the state of affairs, if not in the helm of affairs.

    A clear example is Kerala(southern part predominently), where women were the power centers, because of the Matriarchal structure- which in its best form is suppossed to be good for progress as a society(this is what sociologists say; but later in Kerala too the structures and intentions went for a nose dive towards cultural degradation but thats true for any phenomena, if theres an up.. theres a down).

    So when one writes, one is better off doing some research, or listening to the feedback at least after writing with one’s best intentions- if
    Verbal Diarrhea is what the intention is, then what the EDs and cronies are doing is the right thing… carry on DC, the nosedive will happen
    sometime soon, till then enjoy.

    But Aaman what will u do after the comments go down 90% in all of your well commented articles, what will u do with the reduced traffic, since the ‘traffic’ comes here more to set right the ignorance and stubbornity of your rookie writers, rather than take history and other lessons from their erudite posts!.

  6. Righta Says:

    sorry wrong post pls delete, anyway since we are on the subject, lets go to DesiCritics and let them know what we think, at: http://desicritics.org/2007/09/02/091026.php

    U guys wanna see what the Learned DC Eds edited out :

    http://desicritics.wordpress.com

  7. Righta Says:

    Sorry for the wrong posting, pls delete. Any theres a comment war at DC see u there if u all r free and willing, its fun to kick non-ex ass for a change!.

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