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Law with the flaw?

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Roshan Kumar Mogali

Posted: Apr 28, 2008 at 2341 hrs IST

Section 498a of the Indian Penal Code was enacted to make it easier for the wife to seek redress for potential harassment by her husband’s family. The section being non-bailable, non-compoundable and cognizable (arrests without investigation or warrants) on a report from the wife or any close relative, the law makes it mandatory for the police to file charges against the husband, his parents and other relatives or friends named on the complaint by the wife or her close relatives and put them in jail without the existence of a penalty for filing a false case.

But in the course of the years, the hard-won dowry laws have also functioned as tools for embittered wives seeking revenge on their husbands and their husbands’ families. Even many women’s rights groups in India are concerned that vendettas by some estranged wives could bring these laws into disrepute.

Save Indian Family Foundation (SIFF) is a strong team of dedicated families comprising of victims of misuse of the Dowry law IPC-498a including NRIs and senior citizens who campaign against gender-biased laws and create awareness about gross injustice and abuse that happen under the Indian Legal system. Most of the members of the organisation are victimized men, who claim to have been falsely implicated and harassed by their wives.

The Pune Chapter of the foundation was initiated in March 2007 by Amitabh Dasgupta, a 31-year-old KPO consultant who also happened to fall prey to the 498a law. Dasgupta along with his parents was thrown out of their apartment in Balewadi after an allegedly false claim by his former wife. They now reside in a rented flat in Kothrud. “After dealing with acute emotional turmoil and shock, I decided to initiate the Save Indian Family Foundation in Pune and help campaign against the abuse of the law,” he says.

“Basically what the organisation is campaigning for is to seek amendments in the IPC-498a that, though providing justice to victimized women, becomes an easy means of extortion for unscrupulous wives,” says Dasgupta, “Policemen are many times duped into believing that these women are innocent, and falsely incriminated father-in-law, mother-in-law and other members of the husband’s family are jailed even without investigation.”

The organisation, apart from the misuse of IPC-498a, also fights for abuse of old and sick people, the in-laws’ arrest based solely on probable cause and the testimony of the daughter-in-law. The Pune Chapter of the foundation now has around 150 members. What the organization is seeking is the establishment of a forum for men analogous to the National Commission of Women. Their protest on March 29 outside the Shivajinagar court saw around 75 families of victimized men demanding amendments in the 498a and seeking the formation of a welfare-ministry of sorts for men and the initiation of the National Commission of Men. They also demanded that dowry acts and Domestic Violence Act be made gender neutral.

The foundation offers free advice and counselling to falsely accused men along with suggesting good lawyers at their weekly meetings every Sunday at Sambhaji Park. Advocate Seema Dhavale has done some pro bono work to help redress victimized men. Being on the panel of SIFF as an adviser, she also gives professional advice to victims and campaigns along with SIFF members. Having been in the family court since 17 years, she says that around four to five victims of 498a come to her every week for consultation. "These laws are made to benefit the weaker sections in the society. If women start using it as a weapon to extort money, it ruins the objective," she says. She sees adding a 498b for the husbands' protection as a probable solution.

Dasgupta also ideates that cases under 498a should first result in the termination of the marriage followed by an investigation. “This will discourage fraudulent cases coming up,” he says.

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