Monday, July 18, 2005

Are getting Married?Check Misuse of 498a – A Family Killer.

Sub : Are getting Married?Check Misuse of 498a – A Family Killer.

Are you a man getting Married or already Married?
Then beware about the 498a of Indian LAW – Blood Cancer of Indian Society which is killing the institution of marriage. Today we lost the joint family, and establish Nuclear family, now going towards single parenting system. Now, there is a law for daughter-in-laws in India using which she can force her old in-laws to go out of the house if it is a joint family.
Upon her request, the old and sick parents and even unmarried sisters of the husband can be asked by CAW Police cells to leave the house or provide separate house for the son and daughter-in-law. If the old in-law does not comply, then they can be arrested with non- bailable warrants. It is not unnatural for the old and sick in-laws and unmarried/pregnant sisters to be kept in jail for 5 to 10 days till they get bail.
If you and your wife do not stay with your parents, still your wife can complain to police that your parents are disturbing your married life and insulting her. One single written line of complaint by your wife is enough to put your parents and sisters behind bars.
Now days, daughter-in-laws are encouraged to go to police station for any small marital problems. Many wives in urban India become extremely upset when their husbands visit his parent's house or even talks to them on phone. Encouraged by their relatives, these wives complain to the police not knowing the exact implications of the law. Police files the complaint and sends officials with arrest warrants to arrest her in-laws and other members of the family.
Now, even if the daughter-in-law pleads not to arrest them, police will not listen. This law called Section 498a is such that once the complaint is filed, it automatically leads to non-bailable warrants without any investigation or verification of truth ( More dangorus than TADA/POTA).
So, arrests are a must and police can not do anything about it. So, old and sick parents, even sisters of husband are put behind bars for 5 to 10 days. Once they get released, they refuse to take the daughter-in-law back home.
Many old in-laws have committed suicide after spending time in jail due to complaints by daughter-in-law. So, severe this situation in many pockets of India that World Health Organization (WHO) has specifically mentioned this injustice in its report on Elder Abuse called "Missing Voices". It says
D) Legal and financial abuse Legal abuse was named as a particular type of abuse in both India and Lebanon, although each country has its own specific version of this. The Indian expression of legal abuse is through abuse of the dowry laws by daughters-in-law: In India, there is a law that is intended to protect daughters-in-law from abusive in-laws. A daughter-in-law can go to the police station and lay a complaint that she is being abused by her in-laws, and the in-laws are arrested on her word alone. However, the focus group participants reported that some daughters-in-law are using this law as a form of elder abuse, by making false police reports. In general,participants stressed that the lack of a caring attitude by daughters-in-law was a major problem. (India) .

In some occasions, where the in-laws found that the daughter-in-law has a previous affair and she still continues that affair after marriage. Now, the daughter-in-law with her affair being exposed threatens to put her in-laws and family behind bars unless they shell out a hefty 5 to 10 lacks compensations for the marriage to be annulled. Large number of such incidents is reported in Bangalore, in Kolkata and Delhi. That has lead to a large number of online clubs and websites which offer free help and counseling to people who have gone through these nightmares because of daughter-in-law complaining under section 498a.

Many judges including former Supreme Court chief justice K.N.Singh,former Karnataka High Court Chief Justice and NHRC member Justice Mali math have asked for changes in this law saying that the well intentioned laws are grossly misused leading to severe injustice to innocent old and sick people. Also you Can Check the Delhi High Court Judge Mr. J.D.Kapoor , advice to save the institution of Marriage .ZEE TV Andhakanoon Program also sought to save the institution of marriage. Now, US State Department has come out with a travel advisory on this Human Rights abuse by Indian Daughter-in-laws after consulting with its consulates in Indian and Interpol.
So, what is the way out?

1) One must be extremely careful in married life and must be aware of all laws related to marriage.
2) If possible, make a pre-nuptial agreement. That can help a bit. Before marriage, the court affidavit mentioning that you have not demand or taken any dowry or gift from your in laws.
3) If you sense problems from wife or her parents, keep them happy by giving them money by Cheque etc.
4) If they start threatening you and your family, then approach various groups offering help in internet in the area of section 498a (or cruelty law). A large number of people who have gone through nightmares will give you counseling and moral help without suggesting you to go for divorce.
5) If they have already complained to police, then shift your parents and sisters to some other relative's place which your wife does not know. Never walk in to police station when police calls you. Always send a lawyer to verify what is going on. If the complaint is filed, then immediately seek anticipatory bail for parents, sisters and yourself from a higher court. God willing you may get the anticipatory bail and save your parents and sisters from jail.

Please think for a moment if any one abuse your mother in road what you do???Please think once again, now if a daughter-in-law abuses her Mother-in-law, sister in law, will you forgive her???
As per Indian LAW there is Special protection for Daughter-in-LAW, what about our Mother , Sister??
As per Indian LAW all Mother-in-LAW and Sister- In -LAW are Culprit, when the dispute comes in a family, there is no provision to punish dishonest Daughter-In-LAW."
With High Regards
Swarup Sarkar

Please, pass this message to as many people as possible, so that this awareness may save someone's old parents, mother and sister from great misery and sufferings. Save Indian Family for this Blood Cancer in the form of misuse of 498a.


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