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Guilty unless proven innocent
by Manish Joshi on Jul 30, 2007 11:23 AM   Permalink | Hide replies

Don't be a fool in thinking that its a actual dowry harassment case. This may help in bringing out - to still unaffected people - the menace 498a has created in society. The law doesn't distinguish between people who demand dowry and those who don't, it works purely on the basis of what a offended (for any reason) daughter in law has been motivated by her lawyers to put in the complaint to get a upper hand in the dispute. After that its a money minting industry for police, because only the complaint without any proofs in enough to send whole family to jail; then you come out on bail, fight in court and prove that you did not demand dowry which is true in 98% cases. But by then you have been already punished in the form of immense mental agony your family (including you, your old parents, your married or unmarried sisters and their minor kids who couldn't stay without moms) to jail, erosion of social respect and standing, and severe psychological impact.
This law - sooner than later - will demolish Indian marriage institution. Men will just stop marrying rather than risking their own and their complete families (7 members in above case) lives. Prostitution will boom, and boy friends will be disloyal. They will know that the day you marry, you and your family are at her mercy. This law is no better then dowry system itself. Well any law with the basis 'Guilty unless proven innocent' is wrong and violates basic human rights.

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  RE:Guilty unless proven innocent
by Satyajit Mahapatra on Jul 30, 2007 11:39 AM   Permalink
I don't think the situation is as bad with 498a as you mentioned. It has actually helped many tortured women. There can be be misuse of any law (I don't believe the 98% thing you said though) and this law is also as much abused as other laws in the country. We also don't see men not marrying even after 20 years of inacting he law. And as far Arjun Singh is concerned he never seem to be a simple person. In case he didn't take part in the whole affair he could have approved it by being silent. Yes, just like many other srong laws this too has some scope for improvement.

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  RE:Guilty unless proven innocent
by Manish Joshi on Jul 30, 2007 01:27 PM   Permalink
Check 498a.org for how bad it is, or wikipedia or search 498a victims on google. Past 20 years are different from recent 5-7 years in terms of economic growth. India's growth rate is about to touch double digits now. Cultural changes come hand in hand with economic growth. Divorce rate in India has gone up by 100% in past 5 years. The essentially required women empowerment finally seems to be arriving.
At this point of time if you let biased unfair laws exist in society they are bound to be misused. Its not about Men or Women - its about good or bad. There are good men as well as women and there are bad men as well as women. Law should be pro good and anti bad; not pro women (daughter in law) and anti men. Trust me, its difficult to see your young unmarried sister or old mother going to jail when its still to be proved in court whether they were guilty or not! If they are guilty, punish them as hell, but let court decide, don't treat them as guilty just because the daughter in law thinks so! Even TADA came under severe attack because of this and had to be revoked. Its simply against human rights!
See this study from CSR http://mynation.wordpress.com/2007/07/14/csr-study-98-dowry-cases-498a-are-false/ regarding 98% figure.
Also its not about how many 498a cases are filed by women, it starts the day your wife yells out at you - I AM WALKING OUT WITH THE BABY AND POLICE IS GOING TO WALKIN IF YOU DON'T xyz..... and you can't do anything. That crucial balance is lost in family.

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  RE:Guilty unless proven innocent
by Vinay Gupta on Jul 30, 2007 11:25 AM   Permalink
Manish, u are coreect. 498a is conspiracy to demolish marriage institute of Hindus. It is being used by woman and their parents to settle scores and then used by Anti Hundus to malign the Hindus.

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Dowry case against Arjun Singh