|Patil: For wise use |
New Delhi, Dec. 27: President Pratibha Patil has cautioned against the misuse of pro-women laws such as IPC Section 498A that deals with dowry harassment and sought better implementation of others to create a gender-just society.
“Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 per cent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression,” she said.
Patil was addressing the National Conference of Lady Lawyers and Lady Teachers on Justice for Women at Yavatmal in Maharashtra. Though much has been done to create a gender-just society in terms of enacting laws, their implementation left much to be desired, she said.
“The intent of some laws has suffered because of poor and faulty implementation. The Pre-Natal Diagnostic Techniques Act is a living example. Enacted in 1996, it saw the first conviction in 2006 after 10 long years. Such disturbing revelations need prompt remedy,” Patil said.
She called upon women lawyers to take the lead in dealing with “female foeticide” which she termed “one of the most pernicious and inhuman forms of crime”.
“Another disquieting trend has been that women themselves have not been innocent of abusing women,” she said. “At times women have played an unsavoury, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps.”
Laws made to prevent women from harassment should not become instruments of oppression, she said, calling upon the legal fraternity to ensure that provisions designed to prevent exploitation and suppression of women are “fairly invoked” and “honestly implemented”.
“The bottomline, therefore, is the fair invocation of legal provisions and their objective and honest implementation,” she said.
Though several laws have been enacted in the post-Independence era to usher in a gender just society, these would have to be better implemented, she said.
In this context, she referred to a host of laws such as the Special Marriage Act, Dowry Prohibition Act, Sati Prevention Act, Maternity Benefit Act, Factories Act, Equal Remuneration Act, Indecent Representation of Women (Prevention) Act and provisions in the IPC to deal with obscenity etc.
She also referred to the recently enacted Domestic Violence Act, 2005, which “addresses the right of women to live in a domestic atmosphere not violative of woman’s dignity”.
“The Hindu Succession Amendment Act deleted the gender discriminatory clause to rectify the gender imbalance in inheritance rights. The 73rd and 74th Amendments, by providing ensured representation for women in urban and rural local bodies, have enabled public decision-making by the hitherto marginalised and suppressed humanity of women in India,” she said.
Details of Dowry Law Cases for the year 2007 (Source - NCRB)
From the record it is evident that more than 94% 498A case filed by Living women only for extrotion and Blackmailling and innocent people had been arrested only against the false and fabricated alligations without any evidence, which President of India trying hard to hide by saying 6 to 10 %.
Law Makers and Indian Goverment fooling the Common people promoting the Extrotion, Blackmailling and arrest innocent people, age lod parents, pregent sisters , which Even Supreme court of India had allready cautioned the Misuse of 498A as "Legal Terrorism", but President of India also failed to answer, what action till date Goverment had done to Stop this Legal Terrorism in India in the Name of Women Protections LAW?
Click Here to get the Summary Data and Anylisis.
It is a clear example, those cases gone to trail 498A along with 304B, approx 94% cases people proved their innocence at Court that they had been arrested without any reason/evidence as 498A/304B is non-bailable and do not need any evidence to arrest any TOM/Dick or Marry .
When we compare only 498A cases, specially for living women without any 304B in dowry realted law, 87% people arrested and among that 85% proved thier innocence in court. Means court found hardly 2% wife’s complint as true. Maximum convections under 498A is along with 304B , where the person proved his innocence in 304B, but as he had allready gone through in Jail under trail, court convected them under 498A as by defult on assumptions based view only , just to justify thier Jail terms during under trail, so that they can’t calim any damarage form the Goverment.
Where as if the case is true and the verbal statement of the compliment itself find true, the convection is 100%.
Still in this special LAW more than 94% People proved their innocence, where as in normal IPC the convection is more than such LAW, then why need this special LAW?
The Answer : To do the Legal Terrorism and earn the money from Husband’s Family as a whole sale free license and openly Blackmail and do the extortion of money by Wives family in front of Police/Court/Media and the same is not to be termed as crime.
We wonder Whose life is in More Danger in India : Men or Women?
Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?
2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.
2007 Crime Bure Data : Married Men Sucide:57593 vs. Married Women Sucide:30064.
Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife) ?
Review Gender Biased LAW to Promote Family Harmony and Stop Legal Terrorism