HItesh Kumar from Ajmer kills himself after after alleged harassment and threatening from in-laws after 5 years of marriage. 

 

Rahul Agarwal from Odisha ends his life after alleged false dowry and domestic violence cases from in-laws. He leaves behind a video claiming he can’t see his old parents running around courts for rest of their lives

 

Deepu Gond spends more than a year in jail on false charges till his wife is discovered with her lover with stolen jewelry worth 3 lakhs

 

Man from Rajasthan kills himself after 5 days of marriage due to alleged threatening from in-laws of false charges

 

Senior Citizen couple from Barner, Rajasthan drinks poisons same day as attacked inside court premise and robbed of 2 lakh cash over constant harassment of false cases from daughter-in-law 

 

And these aren’t just single standalone cases where laws meant to protect and empower women are misused over ulterior motives. Make no mistake, these cases are just tip of the iceberg, often mainstream media fails to report because of obvious reasons. The Supreme Court quoted this year, “It becomes pertinent to mention that incorporation of Section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws by facilitating rapid state intervention…, as instruments to settle personal scores against the husband and his relatives[1]

Earlier Delhi Sessions Court termed the word “legal terrorism[2]

Kiren Rijiju quoted back in 2015, “498A was very stringent. So stringent that it’s being misused,”

So, what is the fuzz all about?

What is Section 498A of The Indian Penal Code

Section 498A of IPC was introduced in 1983, it protects women from domestic violence in any forms as in emotional, physical or economical, it punishes the husband and any family member involved. The law punishes the convicts with imprisonment extendable unto 3 years and fine.

 

Further this law is non-bailable and non-cognizable, which in layman terms means as soon as a FIR is registered, police can arrest the husband and his family members without any warrant plus bail has to be obtained from court after the arrest. This goes to an astonishing degree of cruelty when members living in abroad, having no connection with the wife whatsoever are dragged resulting in loosing of visa, job and even uprooting their home & family from abroad due to legal jargons.

These laws are often misused coupled with the Dowry Prohibition Act, 1961 to settle personal scores, off court settlements, higher alimony or arm twist an extramarital affair. Situation gets worse if there us a child. The father looses custody even when the matter is sub judicial, child is used as a hostage giving the wife an upper hand during negotiations or score bigger alimony in the name of the child.

This has further collapsed the family structure where a child grows with the guidance of his/her father. Fathers are only allowed couple of hours with their child per week that too often in a designated place under supervision of lawyers and others. Often even such visits are ignored in the name of sickness, vacations or simply bad weather.

Recently, Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family. While UK parliament passed the Divorce, Dissolution and Separation Act 2020 which introduced the concept of no-fault divorce. Earlier couples had to put up unnecessarily provocative faults/blame to dissolve the marriage. This concept of non-fault divorce is already prevalent in many countries like Russia, China, Australia, Sweden etc

Also Read: Men Rights VS Pseudo Feminists

Why Is Section 498A Important?

Conviction rate of cases under Section 498A is around 2-3% while every 10,000 cases out of 1,00,000 cases are proved false after initial police investigations itself. Only 13 persons were convicted out of the 639 chargesheeted in 2014, under the Protection of Women from Domestic Violence Act 2005 [3]

Out of 153,052 suicides in India in 2020, a whopping 108,000 were men. Out of which 33% where linked to family problems out of which mostly were related to marriages. [4]

Yet I cannot showcase more data to you as the NCRB has no records on such cases. It is also hard to record as most cases never reach convictions as cases are either squashed or withdrawn after lakhs and crores of settlement amount is paid or years are passed the divorce.

In a research conducted by PGIMS, Rohtak and MMIMR, Ambala found that 51.5% experienced violence at the hands of their wives/intimate partner at least once in their lifetime and 10.5% in the last 12 months [5]

What happened to Johnny Depp is happening to thousands of men in India on a daily basis, we have just shut our eyes. Paatal Lok actress and popular bengali actress Swastika Mukherjee was caught red handed after filing false dowry case against her husband and harassing him for years. She later issued a public apology and was merely fined 500 INR. Recently Actor Nawazruddin and his brother faced sexual harassment, domestic violence and other cases from wife and SIL during divorce battle. On the other hand we lost Actor Kushal Punjabi who was depressed over separation from son.

Actor Karan Mehra celebrates his son fifth birthday alone due to years long rift with wife. These types of controversies involve more big names like MP Anubhav Mohanty, former MLA Harshvardhan Yadav,

Few Women Rights NGOs have engaged in a dirty game of legal extortion, lawyers have incentivized these cases for themselves, the government and commissions have turned their heads as it affects their vote and will probably face strong backlash.

Prenuptial Agreement, an essential legal agreement prevalent around the globe has no legal standing in India. Sadly, false cases are almost never prosecuted and even if convicted the punishment is not even a slap of the wrist, a fine is imposed of mere 1,000 INR.

Also Read: Men’s Rights: A human right

 

Further Read:

Anubhav Kumar Das

Anubhav Kumar Das

Anubhav is the owner of Forever Pieces. He is a published author and poet. He is a part-time freelance writer and maybe found strumming the guitar for gigs on festive weekends. Besides all these, he is also an exhibited artist and photographer.

Leave a Reply

%d bloggers like this: