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Posts Tagged ‘498A’

Love, Marriage & Sex in the city-498A

Posted by iluvshrutiverma on February 2, 2011

 

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Husband finds solution to false 498a

Posted by iluvshrutiverma on May 31, 2010

Husband finds better solution to false 498a – kills four of wife’s family

http://wp.me/plC3a-cJ

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P7 news channel – Kayda Kanoon

Posted by iluvshrutiverma on March 4, 2010

http://wp.me/plC3a-ck

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Section 498A: Extortion tool provided by law

Posted by iluvshrutiverma on November 9, 2009

Section 498A: Harassment & Extortion tool provided by law

Torture and police brutality are endemic in India.

-Supreme Court Lawyer And Architect Of The Indian DV Act, Indira Jaising, In A London Court, 1999

Indian law is being misused in several ways. Not only men but women are no exception of this. Section 498A is one of the legal tool available for Indian women to harass their husbands.

This is used to file case against husband and other in laws for demanding dowry. But it is being misused by most of the wives of Indian society. 498A is the perfect tool for extortion and/or to wreak vengeance on husbands and their families.

There are two types of Indian citizens, the privileged and the ordinary. The privileged will never think about law, as the laws don’t apply to them. They have no fear of law. The Arjun Singh 498A case is a prime example. Though an accused in a criminal case, he is still a Union Minister whereas thousands of govt. employees have lost their jobs.

The gravity of seriousness of this charge is evident from the fact that if a person man or woman has a daughter in law, he/she can be jailed under section 498A of IPC, even if she lived for a few days with them or even never lived.

498A is considered as a prudent means of extortion. The other characteristics of this extortion racket are:

• This law encourages corruption and enables govt. agencies like the police to violate Fundamental Rights of the 498A victim.

• It plays a role in gender based vote bank politics.

• It denies justice to the real victims of dowry harassment.

• This is exposing the lower judiciary to corruption.

• Finally, this is a gamble. In the end this trick may fail if the falsely accused husband choose to fight back.

Motives :- Following are the possible motives of women who use 498A :-

• Money: Wife can demand a huge money from his husband who has been jailed along with his parents.

• Revenge: She can use it as a tool to take revenge if her husband etc. did not fulfill her unreasonable demands.

• Guilt: She has done something wrong. For example she may have committed adultery and got caught in the act. She can cover it up with a dowry harassment case. She can gain sympathy by this and also custody of kids, if kids are involved.

• She Is Just Not Into You: She just doesn’t like her husband and wants to get out of the marriage. The 498A is a convenient tool to do so with lots of harassment for husband.

• She Is A Control Freak: She wants to control her husband and in laws in every possible way. She may also want to not support husband’s parents and siblings in any fashion regardless of  his ability to do so. She may want her husband to throw his parents out of their house. Her goal is to gain control of all aspects of her husband life, including finances and to break the bonds and responsibilities that tie her husband to his family. If she could not succeed in this she will use 498A.

To Marry The Boyfriend: If she is having affair, she will file a case under 498A to demand cash and then she will go to marry her boyfriend. They will use this cash to set up their family.

Now question arises if 498A has provided vast powers to wife, what counter charge can be made against her and her family?

The answer is, cases can be filed under I.P.C. for fabricating false evidence (Section 192), dishonestly making false claim in the court (Section 209), false charge of offence made with the intent to injure (Section 211), forgery (Section 463) etc. These counter cases will keep that party in distress and proceedings in these cases can be used to support main case of 498A.

But the mental torture and distress suffered by husband and his family members can’t be compensated at all.

Rakesh Singh

Address:-Canara Bank

Opposite Dhanipur

Mandi

Aligarh

05712760181

9760416795

rs_bly2005@ymail.com

 

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All India Men’s Welfare Association (AIMWA)

Posted by iluvshrutiverma on October 12, 2009

Launch of “All India Men’s Welfare Association (AIMWA)”

11 October 2009

Venue: Public Gardens, Opposite Jubilee Hall
Hyderabad, India

Why do we need an “All India Men’s Welfare Association”?

Welfare of boys and men has been seriously neglected in India over the last two decades. While proudly championing the cause of women’s rights and women’s empowerment, the government and society tacitly approved the propagation of anti-male sentiments, condoned the resultant diminution in value of men’s lives and supported blatant violation of men’s rights through discriminatory laws and policies. The growing apathy of the government and society towards the sufferings of men has necessitated the formation of an All India Men’s Welfare Association.

It has to be noted that while men still perform some of the most risky and challenging jobs in the society, and while the Government of India collects 82% of its tax revenue from men, not a single rupee has been allocated in the name of men’s welfare in the country’s budget in the last 60 years.

The National Family Health Survey, conducted by the Ministry of Health and Family Welfare, does not consider men’s health and welfare important. Enormous focus on women and children, and the mention of men only in relation to how they should contribute to the health and welfare of women and children, clearly indicates the apathy of the Government towards men.

The homepage of the Animal Welfare Board of India (AWBI) cites Vardhamana Mahavira, the sage of total non-violence, who said, “All beings are fond of themselves, they like pleasure, they hate pain, they shun destruction, they like life and want to live long. To all, life is dear; hence their life should be protected.” While Mahavira’s teachings seem to have inspired the Indian Government to assign a separate ministry to look after issues of Animal Welfare through AWBI, the same Government did not see any necessity to establish a Ministry for Men’s Welfare.

Several laws have been passed in the last 60 years in the name of protection of women and their empowerment. However, there are no laws to protect boys and men from any form of abuse or harassment within and outside the home. Men are being subjected to severe discrimination under law, and their basic human rights are being violated every day in the name of more and more legal provisions that claim to empower and protect women.

Thousands of men are becoming victims of “legal terrorism” unleashed through laws like Indian Penal Code Section 498A, Protection of Women Against Domestic Violence Act, adultery laws, laws against rape and sexual harassment, and even divorce, maintenance and child custody laws.

While society is applauding more and more women getting educated, entering the job market and challenging their traditional roles within the family and society, men are still being shackled to their traditional duties of protecting and providing for women, children and the aged.

The growing disregard and hatred against men in our society is forcing more than 56,000 Indian men to end their lives every year. According to statistics obtained from the National Crime Records Bureau, every year, twice as many married men, compared to women, commit suicides unable to withstand verbal, emotional, economic and physical abuse and legal harassment. Deaths of these men make for the brief stories we often read in newspapers stating that a certain man “killed himself due to family issues or financial problems”. While every death of a young married woman is converted into a case of dowry death leading to immediate arrest of the husband and in-laws, accompanied by media-hype, male-bashing and breast-beating, large-scale suicides of men do not cause any outrage in the society.

Domestic and social harmony will prevail only when women AND men are ensured their rightful, honorable place within and outside the home. In addition, when we ensure true gender equality under law, litigations will be reduced, legal terrorism and extortion through misuse of the law will be eliminated, and our human and financial resources can be employed for betterment of the society and the country.

The aim of AIMWA is to work towards providing protection for men and boys against gender discrimination, domestic violence, sexual harassment and other forms of abuse. The organization will also focus on related issues like physical and mental health of men, and the need for social changes, policy reforms and legal solutions to men’s problems.

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How to (mis)use 498a: Guide for the litigating wives

Posted by iluvshrutiverma on October 20, 2008

Section 498A, of Indian Penal Code, is a boom for modern Indian women. It comes very handy for women to fulfill their materialistic desires. A quick guide to the empowered women of India on how to use 498A to unleash ‘legal terrorism’.

WHAT’S THE use of being empowered, if you are unable to cause harassment, pain and suffering to the husband and his family to the point of suicide? If this is your objective, IPC section 498A can come in handy for you. This not only makes sure that you cause trauma, harassment and pain to your husband’s family, but also you get paid in full for it in due course. So gear up women, here is a crash course in 498A.

Here is the modus operandi of a false 498A. It’s actually easier than ordering a pizza and will cause assured harassment for the husband’s family, the other benefits may include:

  1. Display of strength and scaring the husband’s family into submission;
  2. Chances of a quick and easy extortion or as it is called, a ’compromise’. This booty will then be shared by the colluding relatives and the wife, according to their level of involvement and quantum of assistance;
  3. Imagining a case in which the husband, scared of jail time, will leave his family and be his wife’s slave.
  4. Getting the moral support of NCW (National Commission for Women)and WCD (the ministry of women and child development), that see wealth distribution, from husbands to wives, as a way to encourage women buying more stuff and bringing foreign direct investment in women’s products.

The 498A consists of three basic phases and you need to have unique skills to master them;

  1. Complaint (letter writing skills and vocabulary words, which invoke sympathy, hunger, harassment etc)
  2. Police arrest (always wished you acted and get aid for it, here is your chance, you need to cry, wail and shout and also get paid in full for it). Who knows you might as well get picked for an Ekta Kapoor serial.
  3. Compromise (the sweetest of all, counting the money and making sure it gets deposited in full).

Modus Operandi

  1. Leave your husband on the pretext of visiting your mother, pregnancy or caring for your ailing father.
  2. Look for the most opportune moment:
  • For Husbands living in India Fridays are the best time and if Monday is also holiday nothing like it. In fact girls can look for the this time and then go to their mother’s place first and then plan out.
  • For NRI’s the best time is when they are visiting their family in India. This way he will not be able to return and will loose his peace, money and career immediately.
  • Once the date and time has been decided, its time to take the plunge. Don’t worry noone can touch you misusing this section. Remember the all powerful Indian Police and judiciary is with you along with the NCW and WCD, who will in due course come up with more laws for your benefit.

A very important part of this process is drafting the complaint.

  1. First the easy way. Visit any local lawyer. The cheapest ones will also suffice as these days all have preformatted 498A allegation forms, just fill in your name, address and list of people to accuse and behold!!! You can have your own personalized 498A complaint. Some girls who are creative can also choose to study the preformatted complaint and then write one of their own. This will help bringing out the writer in you. Remember, just like there is no extra charge to include the names of your family member for credit cards, there is no extra charge for causing additional harassment to any number of relatives of your husband. Some women have also included husband’s friends as a bonanza. So go on and include all those whom you ever despised in this list. Whomever you include make sure you always include the women and children of the husbands family as they are his weak spot. Whatever you write, make sure the below 3 allegations are in as without this the police will be reluctant to register your complaint even with bribes.
  • Not given food and water for 7 days and kept me locked in a dark room.
  • Beating me each day right from the wedding night. Even the doctors will tell you that the most violent of criminals will rather have sex with a woman on the first night than beat her, but the India Police, NCW and WCD does not believe so and will believe whatever you say. If you can create false medical certificate there is nothing like it. But this is not all that important as the police will believe whatever you say anyways.
  • Already paid Rs 10 lakhs at engagement. Make sure you include whatever you ever wished for but did not get to buy in the stridhan list as the police will make the husband buy and ‘return’ those articles even if you have never given those. See how simple the WCD ministry has made it for you to fulfill your materialistic desires. So this is time to get the articles of your wildest desires. At least if you write 10 you might get one, so whats the harm in writing as many as possible.

2. Whew !!! Your complaint draft is final and you have a gleaming copy of a spanking new 498A. You should be proud that you will soon be joining the 498A women’s list who have made a martyr of their Husbands family to get their desires fulfilled. You have crossed a big hurdle in your life. Now the Money just wants to come to you. The next steps are pretty simple and routine and should be cake walk for the empowered women like you.

3. Visit the local police station with some relatives. Most of the girls take their father and brother, but the police do not mind if you take your paramour (ex-lover) especially if he is supposed to benefit from the expected settlement and you both have already booked your new flat and are looking to pay the first installment.

4. Be ready to wail and have moist eyes as these infuriate the police officers in India against the husband. If you have Mahila thana, that’s the best place to go, as these women police officers have known to create havoc on the Husband’s family. Pay a token advance bribe to police and see the speed at which they start the manhunt for the Husbands family and his aged parents and sisters faster than hunt for Osama. You need not even pay the rest of the bribe as it will be collected in full from the Husband’s family. Make sure to file the case as far off as possible even if the alleged incidents in your complaint did not occur there. This will add icing on the cake as the Husbands family will have the additional pain of fighting the case in a different state and city. You, by now, will not be able to stop praising the WCD and NCW for this law and wanting more laws like these to hit the stands. How much thought they must have put into this law to make sure you get away Scot free. GO 498A !!! Hip Hip Hurray !!!

5. So the husband is arrested. Congratulations!!!. Now you have shown them what you are made of, bravo my girl, bravo. But hey, this is milking time, and as cows have a specific period for milking, for husbands and it is when they or the women of his family are behind bars. You need to be quick and fast as a fox. Make sure that he is not released and the bail gets denied. Immediately put the amount for “Compromise”, make sure you quote an astronomical amount as it’s always bargained down. If he agrees CONGRATULATIONS again, you are a millionaire after writing a complaint letter. Book authors do not make so much money as you have made by writing a letter. You have just paid the amount for your very flat in full and it is tax free. This is apart from the other tax-free money you can claim in terms of alimony. I will talk about it in another book “Alimony and Maintenance for dummies”.

6. If you are denied any compromise money, there is always another chance; the metropolitan magistrate will bargain for you to close the case. Try your luck there as well.

I wish you all the best in your 498A gold rush.

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Woman booked for trying to kill mother-in-law

Posted by iluvshrutiverma on October 19, 2008

Tribune News Service

Ludhiana, October 4
The Haibowal police has booked Anju Rani, a resident of Civil City,
for allegedly trying to kill her mother-in-law by splashing boiling
cooking oil on her face.

The victim, Chanda Bala (65), sustained burn injuries and was rushed
to the civil hospital on September 29. According to reports, Anju had
strained relations with her mother-in-law ever since she got married
to Amarjit Singh four years ago.

On September 29, both of them had a heated argument over some issue
and in a fit of rage, Anju splashed the burning cooking oil on Chanda
Bala’s face.

The police has registered a case under Section 307 of IPC against Anju
Rani.

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IIM Bangalore talks about flaws in Dowry laws

Posted by iluvshrutiverma on October 18, 2008

A project undertaken by students of IIM Bangalore concluded that the Government should make amendments in Dowry laws which will stop women from misusing these laws against the husband and his family.

The study also examined several flaws and ambiguities in these laws; and how these laws have been misused by the rich unscrupulous women to harass their husbands.

Read the complete report here

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Yes I demanded dowry, but never got it

Posted by iluvshrutiverma on October 16, 2008

All the characters referred to below are fictitious and bear no resemblance with anyone living or dead whatsoever. Any co-incidence is purely co-incidental and unintentional

Dowry? A sensational word, isn’t it? Evokes strong emotions for the ‘married woman’. Unlawful demands from the husband’s side to the bride’s side like a scooter, car, fridge, cash, jewels, etc. etc. Seems like a scene straight from a social cinema, depicting the ‘married woman’ as a liability. This is what the media has always represented dowry and dowry seeking money mongers as, and so this is what the society has come to know of it.

But the definition of dowry is far wider than that entailed above as put in Indian Penal Code Section 498A as any ‘unlawful demand’ made by husband and / or his relatives. But what is ‘unlawful’ has not been described. It has been left to anyone’s imagination and depends on the intensity of the ‘married woman’s’ tears at time of the complaint.

The other day I happened to meet Jignesh, who has been accused under section 498A for allegedly making ‘unlawful demand’ to his wife. So I happened to chat with him as to what was the need to make any ‘unlawful demand’ from his wife when he himself earned a handsome salary working with an MNC at a prestigious position? Excerpts of my chat with him,

Me: “Well sad to know that you are facing criminal charges, but I fail to understand that when you are yourself so well placed, what made you demand?”

Jignesh: “So you seem to have decided the verdict yourself as is evident from your question.”

Me: “Hey man, I did not mean that.”

Jignesh: “It’s OK, am used to it, but it is a truth that I demanded dowry from her. You heard it right, Yes I demanded dowry but never got it.

Me: “I see. Do you mind sharing your demands?”

Jignesh: “Not at all. I demanded our cultural values from her; I demanded as much respect from her for my parents, as I have for her parents. I demanded support from her to build my family. I demanded a feeling of oneness with contemporaries and love for the young ones in our family. I demanded restraint and patience to understand each other to build a stronger familial foundation. I demanded an anticipated expectation to be as much loyal and faithful to me as I am to her. Since she and her parents, especially her mom did not have all these, they thought these demands were ‘unlawful ‘, and filed a case on me and my innocent family under Section 498A IPC.

Me: “I see. Hats off to you and sorry once again for that question, it was just framed badly, not intended that way.”

Jignesh: “That is fine; this is the pill society gives to victims of 498A, the Anti – dowry law. But I have no qualms in saying that I demanded dowry, for if what I demanded amounts to dowry in today’s era of Woman Protection and Woman Empowerment, then so be it. After all times are changing. Definitions of 1960 cannot work today.”

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