Re: How to improve Section 498A (cruelty in marriage)?
- On 30-Nov-2010, at 7:51 PM, Lalji Verma wrote:I feel the legislation should be modified to make it non-cognizable and bailable. I know at least two instances where the bride's side took full advantage of this act and left no stone unturned to harass the groom's family when they were absolutely in the clear. The court case was eventually decided in favour of the groom and his family.Lalji K Verma
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- From: Umesh Kumar
I strongly support the following:
(a) that Section 498A be suitably amended so as to make it bailable, noncognizable, and compoundable;
(b) that suitable provisions be specifically inserted in Section 498A so as to
make it punishable for whosoever misuses of abuses it;
(c) that the misuser of this law should be made liable to compensate the financial loss suffered by the falsely accused in the process;
(d) that the law be made gender neutrall of protect the interests of any
innocent, be it a man or a women; and
(e) that time bound trial should be make a statutory requirement under this law, with a 6 month maximum limit specified therein.
Professor Umesh Kumar
Professor of Law, RML National Law University
16-06-01 Metro City
Lucknow 226 006
Tel: 0522-3206588 (Residence)
- I too agree that Section 498A is being misused. And same matter has
occurred in our area and misusers are punished.
So its required to be change.
- It is really a very sad incidence that necessitated the insertion of Section 498A originally and which has been so thoroughly abused that the public has been compelled to have a re-think of the entire provision. With all the apologies to our better half I dare say that women have by and large abused their empowerment through liberalisation of social laws and conditions. Exceptions are thee and I salute them. I know a number of examples where women have been highly influenced by their side of the family leading to interference in the boys side to the extent that the family had to resort to violence and at times to fatal crimes. One of my very close friends who lost his partner a few years ago, before the marriage of their son but after their betrothal, is going through an extreme torture by the daughter-in-law for nearly 10 years now. She sold of all his belongings, taken charge of the ornaments, and now keeps him almost confined to his room which she wants to keep closed. The boy has been trying to bring her round, having talked to her parents who say that she was now their (boy's side) responsibility and that they do not comment on her activities. But the girls parents have all the linkages maintained with her. Money is not the problem in the house. Both earn well, and the father (my friend) also retired from a good position in a PSU.G C Mathur
Having had such experiences in life, I would say that the Section 498A must be improved further because both sides can be equally vulnerable to and responsible for the extremities. Though I have not gone through the Section in detail, but I am in agreement with what has been suggested by others in the KDigest.
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Karmayog Digest No.5153 dt 01.12.2010:
- From: Dreams Dreams,
I fully agree with the people who support that 498A is started to get misused by larger section of society for blackmailing their relatives; we need to amend it in such a way that at least when the complain is launched by female it should be first investigated for both the sides in detail and feed back of society should be taken like relatives, neighbors, friends etc.before taking any step against any party.
Penalty should be included for both the parties equally. Whom so ever it guilty.
Thanks and Regards....
- Even though India got independence more than sixty three years ago but Indians are not free even today as they are being ruled by them , even though their skin is Indian. According to them, every Indian is a culprit if not proved otherwise. This practice is still existing today which must change in an Indian democracy. Democracy demands gender neutral law to protect the interest of every citizen.
Section 498Aof IPC was introduced to protect married Indian woman from cruelty. However, this law is being used by some section of unscrupulous people to extort large amounts of money from innocent families. It has become another method of earning to get- rich- quick. Similarly, section 498B should be there to protect Indian man from cruelty, then law will be gender neutral.,
Misuse of this (498A) law has not only increased the no of innocent people arrested for no fault of theirs but also increased the load of heavy burdoned judiciary. In addition, income and number of corrupt police officials have also increased manifold due to the misuse of this law.
Hence, misuse of 498A should be reduced to minimum. To mitigate the sufferings of lakhs of Indian citizens who have been unceremoniously exposed to the whims and fancies of corrupt, immoral section of the society including police officials, section 498A should be suitably amended to make it heavily punishable for whosoever misuses it including corrupt police personnel.
I request the authorities to consider these suggestions for implementation. An early reply will be highly appreciated.
Dr N C Jain
- From: vedicmriThere is one line suggestion. Divorce should be made easy.
S L Singh
Dr. S. L. Singh
Professor of Mathematics
Formerly Dean of Science and Principal of Sciences & Engineering
Gurukula Kangri University, Hardwar
MAILING ADDRESS: 21, Govind Nagar
- In addition to this that divorce demands from wife or her family are only to seek financial help separate the child/children from husband. Some times same wife remarries and does the same thing to her second husband and goes for secon divorce and claims alimony. There are cases where the girls are getting alimony from two former husbands.
The family court does not have powers to issue executable decree to force the wife to join her natrimonial home if found guilty. So husband still suffers though he wins the case in family court and girls's parent ensure that she does not return to her home and made to earn money for them one way or other.