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Unjust Humanity
Virag
Supreme Court's diktat asking to stop automatic arrests in Dowry cases laudable 03 July, 2014
On the 2nd of July 2014, the Honorable Supreme Court of India gave a landmark judgment while granting interim bail to an accused under Section 498A of the IPC popularly known as the Dowry Law. During the judgment the court acknowledged that the dowry law is being misused a lot and a huge number of false cases are filed.

During the last 30 odd years of the implementation of the infamous Section 498A, millions of young innocent men and their families have been wrongfully arrested, blackmailed and extorted and underwent the ignominy of being jailed without investigation or trial.

Time and again, the courts have warned the Govt. to take note of the growing misuse of dowry laws but to no avail and all such observations have fallen on deaf ears with abuse of men continuing unabated.

Although this decision comes as a ray of hope for those fearing arrest without trial or investigation in a false dowry case, and would be a succor for many a families ravaged by the impact of misuse of Section 498A - termed as Legal Terrorism by the very same Honorable Supreme Court as long back as 20th July 2005 in Sushil Kumar Sharma vs. Union of India, however, we are still skeptical about the efficacy of implementation.

We expect Narendra Modi Sarkar to take this judgment seriously and implement it in spirit and letter and ensure that a copy of the judgment reaches all the State DGPs and Chief Secretaries who, in turn, issue necessary directions to all the police stations and courts for following the guidelines mentioned in the judgment and to implement Section 41A of CrPC properly.

The police cannot now immediately arrest husband and his family members, merely on a complaint without trial or investigation. They also cannot call up the husband and terrorize him on phone. They must mandatorily issue a "Notice of appearance" under Section 41A CrPC as mandated by this judgment and CrPC Amendment Act 2010 to the accused.

Also, the courts cannot use the power to arrest and hold the husband and his family at ransom. We have come across many cases of gross violation of human rights of men and their families accused under Section 498A wherein they are not provided a fair trial and in open courts, lower class magistrates ask men to cough up huge sums of money to their estranged wives or else go to jail. This trend is badly catching up in Delhi, Noida, Gurgaon, Faridabad, Ghaziabad and adjoining areas. This is nothing short of institutionalized and state sponsored blackmail and extortion.

This judgment is a very small step towards alleviating men from this legal trauma and onus lies on Modi Sarkar to see to it that the judgment is implemented in its right spirit. States like UP, Bihar, MP, Rajasthan are dark places for men accused under 498A as they are not granted bail and are made to undergo extreme torture on the basis of an unverified complaint by wife.

Even, in the case at hand, wherein the Supreme Court gave these guidelines, it was the case of man from Bihar, who was denied interim bail and had to go all the way to the Supreme Court just to get temporary relief in the case whereas he was ready to co-operate with the authorities. This shows the level of insensitivity that exists in our police and judiciary despite numerous judgments, media reports, studies and research reports talking in volumes about the rampant misuse of Section 498A, the false cases therein and the inhuman torture of men as a result.

There are innumerable cases where courts force men to reunite with their abusive wives or face jail and in many cases the courts endanger the lives of both the husband and the wife since a cornered man can also resort to crime. Of late, such cases are coming to light where abused and tormented men are killing their wives as the courts had forced them to live together despite a soured relationship and the man being abuse to the core.

While, this judgment definitely calls for celebrations, what now needs to be seen is whether this judgment remains yet another paper tiger or can actually fetch some relief to millions of families of men suffering from the onslaught of Legal Terrorism.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of merinews.com. In case you have a opposing view, please click here to share the same in the comments section.
About The Author
Virag R Dhulia, a software professional, has been a prominent men's rights activist. He has been engaged in creating awareness about the abuse of men and their families through anti-male and gender biased laws like Section 498A, Domestic Violence Act etc. He has been instrumental in networking with fellow men's rights activist both across India and abroad and has played key roles in organizing events to create awareness about abuse of men by the society. A book titled, 'The Secrets of Manhood' authored by Virag has been published. This book is a collection of short articles which focus on issues and problems faced by men and how men are victims of social stereotypes.
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anil
The ugly truth really nowadays are that wives and their relatives use laws, which were made for protection of women, as their weapon to spread legal terrorism, to extort meaningless amount of money as ransom for avoiding arrest by filing false dowry cases against them, you can see the history if a newly wedded wife complaints, she would claim husband is an impotent, after passing some months or years the allegation becomes dowry harassment, domestic violence is so freely put in all cases as you say a vegetable vendor to put some coriander with some green chillies for free in the vegetables bought by you,my wife accused me of dowry harassment and domestic violence charges, whereas i hadn't even touched her without keeping in mind about her consent and comfortability, reason of her differences between us is her mother that's why i was washing my clothes with my own hands on her directions, they were demanding divorce, permanent custody of our son child, thirty lacks of rupees as ransom, and reason for all this was just that i had not attended a marriage function of her mama's daughter, she left 7 days earlier saying if you will not come to attend it i will head for divorce and the only way for her family to get their wishes fulfilled was to file a false complaint, i was neither eager nor able to fulfill their demands as a result i was arrested on 4th of June and got bail on the 6th June after they got all my household items all furniture which i bought 4-5 years earlier before my marriage, they left nothing even salt, pepper, spices, my undergarments, my clothes, soaps, detergent, they robbed everything they could, and are showing themselves as a very reputed persons in HIND CINEMA premises of kaithal, Haryana but reality sights among them who faces it, kisi ne kaha hai " aap mare bina swarg kisne dekha " .at least there should be a fair investigation with proofs before arresting to defame a husband which is his right of humanity, and justice should be done looking it genderlessly.
anil
protection of women, as their weapon to spread legal terrorism, to extort meaningless amount of money as ransom for avoiding arrest by filing false dowry cases against them, you can see the The ugly truth really nowadays are that wives and their relatives use laws, which were made for history if a newly wedded wife complaints, she would claim husband is an impotent, after passing some months or years the allegation becomes dowry harassment, domestic violence is so freely put in all cases as you say a vegetable vendor to put some coriander with some green chillies for free in the vegetables bought by you,my wife accused me of dowry harassment and domestic violence charges, whereas i hadn't even touched her without keeping in mind about her consent and comfortability, reason of her differences between us is her mother that's why i was washing my clothes with my own hands on her directions, they were demanding divorce, permanent custody of our son child, thirty lacks of rupees as ransom, and reason for all this was just that i had not attended a marriage function of her mama's daughter, she left 7 days earlier saying if you will not come to attend it i will head for divorce and the only way for her family to get their wishes fulfilled was to file a false complaint, i was neither eager nor able to fulfill their demands as a result i was arrested on 4th of June and got bail on the 6th June after they got all my household items all furniture which i bought 4-5 years earlier before my marriage, they left nothing even salt, pepper, spices, my undergarments, my clothes, soaps, detergent, they robbed everything they could, and are showing themselves as a very reputed persons in HIND CINEMA premises of kaithal, Haryana but reality sights among them who faces it, kisi ne kaha hai " aap mare bina swarg kisne dekha " .at least there should be a fair investigation with proofs before arresting to defame a husband which is his right of humanity, and justice should be done looking it genderlessly.
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