Presented by : Sainath Raman M.R. Gupta Legal Terrorism It prevails only in India MEMBERS, SIF-MUMBAI [email_address] [email_address]
Are you a person of Indian Origin? Did you get married in India? Is your wife an Indian ? Do you have kids, who will be getting married soon ? Do you have close relatives who have Indian wife? IF your answer to any of the above is ... YES then.....
<ul><li>It is in you and your family's best interest to know about “the Dowry law of India” </li></ul><ul><li>Popular as IPC-498a when you get implicated in it for no fault of yours and land behind bars due to an estranged relationship or silly reasons , wherein your wife had complained against you or your family members at the police station intentionally or unintentionally . </li></ul>
Nature of the law makes it <ul><li>Wife-biased (daughter-in-law biased) </li></ul><ul><li>Discriminatory </li></ul><ul><li>Stringent </li></ul><ul><li>Unprecedented </li></ul><ul><li>Exceptional </li></ul><ul><li>Poorly formulated (No provision to check the authenticity of the complaint of the estranged wife/her family members before the arrest of the accused/his family members) </li></ul>
Implication on men <ul><li>One line of written or oral complaint from your wife or her family member can land husband and his entire family in jail without any investigation and verification of the authenticity of the complaint whether it is false or true. </li></ul>
Know the law for your goodself <ul><li>Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows </li></ul><ul><li>“ Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. </li></ul>The offence is cognizable, Non-compoundable and Non-bailable
How are you at risk and why it is dangerous for the society? <ul><li>Your wife/daughter-in-law whose illegitimate demands are not met can make a written false complaint of dowry/cruelty (mental/physical) harassment to a nearby police station. </li></ul><ul><li>The husband, his old parents, children and relatives are immediately arrested without any investigation and put behind bars on a non-bailable terms. </li></ul>Even if the complaint is false, you shall be presumed guilty until you prove that you are innocent .
Who can implicate you and how can you get bail <ul><li>498a can only be invoked by wife/daughter-in-law or her relatives </li></ul><ul><li>This section is non-bailable (you have to be produced in court by police and get bail from the magistrate), non-compoundable (complaint can't be withdrawn by complainant/police) and cognizable (arrests without investigation or warrants). </li></ul>
The facts of wrongful implications <ul><li>There have been countless instances where, without any investigation </li></ul><ul><li>The police has arrested elderly parents </li></ul><ul><li>Unmarried sisters </li></ul><ul><li>Pregnant sister-in-laws </li></ul><ul><li>And even 3 year old children </li></ul>
Implication of Corrupt Legal System <ul><li>Unsuspecting family of husband has to go through a lot of mental torture and harassment </li></ul><ul><li>Some accused parents, sisters and even husbands have committed suicide after some time in jail </li></ul><ul><li>A typical case goes on for years (5-10 years is typical) and the conviction rate is about 2% only </li></ul>
Supreme Court calls 498a as <ul><li>1. It is handled under the Criminal law for marriage related matters and not under Civil Laws . 2 Non-bailable warrant does not require proof before arrest . No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights. 3 Even those who were not part of the 'day-to-day' family life, viz. neighbours/far off relatives etc. could be named and arrested on one false complaint , which can also include pregnant women and children. 4 Accused is presumed guilty until proven innocent . No where in the world it is so. 5 Gifts are considered as dowry . Who decides that the gift exchanged were 'gifts or dowry'? 6 It is non-compoundable which means that the complaint can’t be taken back by complainant/police that hinders any scope of reconciliation between the couple. </li></ul>"Legal Terrorism"
Supreme Court calls 498a as "Legal Terrorism" <ul><li>7. After a man is accused under 498A putting him and his family behind bars, he will not take his wife back later . 8. Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives . 9. Groom’s relatives don’t find a suitable bride after they are accused under 498A 10. Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands . 11. Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family. 12. The health of the old parents dangerously deteriorates after they are arrested in a 498A case. 13. Some even commit suicide for not able to withstand the depression and frustration of been falsely accused. </li></ul>
Supreme Court calls 498a as "Legal Terrorism" <ul><li>14. Old parents after 498a case become very apprehensive and advice their son not to marry again . 15. The family ends up paying a very high price to settle the case , the money that was saved for the parent’s health. 16. Most often the lawyers tend to take the family for a ride to extract as much money as possible. 17. The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint. 18. A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded . 19. The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman. 20. Some women marries an NRI and slaps a 498A case only to extort large sum of money </li></ul>
Supreme Court calls 498a as "Legal Terrorism" <ul><li>21. Even after knowing that the complaint can be false , police tend to support the woman and asks the man to settle the case with a financial compensation. 22. The case can easily linger in the court for years and only the groom’s family has to pay the price. 23. 498A case can be filed even after the divorce , which only means that the accuser wants to demand money legally apart from maintenance. 24. There is no prohibition clause in the 498A law that would stop women to misuse it. 25. It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it. </li></ul>
Why IPC 498a is Anti Social <ul><li>It is gender biased </li></ul><ul><li>Does not give equal status as per human rights. </li></ul><ul><li>Violates the fundamental rights of a citizen(women/men/children) – right to equality(article 14,15 & 16), freedom of expression(article 19) and right to life(article 21) of Indian constitution </li></ul><ul><li>The law is gross violation of human rights </li></ul><ul><li>“ There is no legal recourse even though the wife wants to take back the case, it is Impossible and till the time the damage has been done which is irreversible” </li></ul>
The law mostly prevails in… <ul><li>Developed society </li></ul><ul><li>Urban areas where education gives an edge to dishonest women and helps them use the law to their utmost benefits and extort money </li></ul><ul><li>“ Most wives invoke this law in the night and just before weekends/public holidays, at dawn, as bail can be obtained only when courts open which can make innocent men and his family undergo lot of torture, mental agony and frustration in police lock-up” </li></ul>
Know the law and beware of it <ul><li>The implications men/family members/ neighbours can have because of the existence of such Anti social gender biased law </li></ul><ul><li>The consequence it can have on the future of Indian economy by giving sleepless nights to innocent men and his families </li></ul><ul><li>Irreversible damages the law can cause to an entire well off family due to a silly reason. </li></ul>1 in 1000 individuals fall prey to this law
An appeal <ul><li>Let us all men and women come together and fight for a noble cause to make the law equal to all individuals so that innocent men and their family do not fall prey to this draconian law termed as 498a in IPC </li></ul><ul><li>Accused should have liberty to demand Brain-mapping/Narco Analysis Test at Government Forensic Laboratory at his own cost for himself and the complainant to help investigators in verifying the authenticity of the complaint before any arrest. </li></ul>
Conclusion <ul><li>This presentation is made in the interest of the society at large, who are unaware of the consequences which this draconian law can have on innocent men and their families and to be aware of the real fact that, such a terrorism exists in the Indian Penal Code which empowers wicked daughter-in-laws to harass innocent husbands and their families which is purely gender biased. </li></ul>
<ul><li>I hope this presentation had made you all aware of the “legal terrorism” prevailing in the Indian Penal Code. </li></ul><ul><li>If any one of you, your friends, family members or relatives have or may fall/fallen prey to this draconian law please do not hesitate to contact @ 9892266432/9870424386/ 9869323538 for advise and legal recourse from Protect Indian Family which have been established to support the needy and provide them emotional and legal support. </li></ul>