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You are here: Home » 498a Info » Government proposes amending IPC 498a – anti-dowry law

Government proposes amending IPC 498a – anti-dowry law

27 Jul 2014 By videv 10 Comments

Right on the heels of news about WCD (Women and Child Development) Ministry proposing amendments to DV Act (Protection of Women from Domestic Violence Act) to protect mothers-in-law too, there is fresh news of amending the law which is the mother of bail/DV/divorce industry in India – the notorious IPC 498a, popularly known as dowry harassment law.

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http://timesofindia.indiatimes.com/india/Govt-mulls-amendments-to-anti-dowry-law/articleshow/39095407.cms

NEW DELHI: Keeping in view the rising number of complaints regarding the misuse of anti-dowry law, Centre is mulling to introduce penal provisions in the act that will ensure punishment or penalty to those who make false charges.

The Union ministry of women and child development is also contemplating giving more teeth to the Dowry Prohibition Act by strengthening the existing provisions and widening the definition of ‘dowry’.

“Recently, a rise in the incidents of misuse of the anti-dowry law has come to the notice of the ministry. In some cases, women falsely implicate their husbands and in-laws for various other reasons.

“If the allegations turn out to be false, the case gets closed. So there are discussions going on about changing some provisions under which the misuse of the act may invite punishment or penalty,” an official in the ministry said.

Punishing a woman for law misuse and filing malicious and false cases?  Ooooohhhhh!  Is this a dream?, but conversely will be a nightmare for the DV industry ‘experts’!  According to the feminazi experts of the world, there are 2 sacrosanct principles which are always invoked whenever a false woman complainant is proposed to be prosecuted:

1. These cases are not really false cases.  It’s just that they could not be proven true for lack of evidence, bad prosecution, inefficient police, slow judiciary, whatever else on earth but any blame on the woman herself!

2. Even if it is a false case, we should not discourage because otherwise genuine victims will be afraid to file cases.  World over, this excuse is used to justify false rape complaints.  In India, it is said that many women are unaware of the actual law and that’s why these cases get filed.  So we need to create more awareness Smile (and in the meantime, 65000 married men committing suicide every year may be a small price to pay)

The rest of the proposed amendments are to do with feel-good changes which I believe will get thrown into the dustbin of laws which are drafted and passed, but never get used for any good of society; the same way there has been no real use or convictions in Dowry Prohibition Act, 1961.

According to ministry officials, the amendments may include widening the definition of ‘dowry’ by changing the words ‘in connection with marriage’ to ‘given before the marriage, at the time of marriage and at any time after the marriage’.

Notifying the list of gifts exchanged during the wedding may also be made a mandatory and failure to do so could invite heavy penalties including a three-year jail term not only to the bride and the groom but also to their parents.

One can keep fine-tuning the definition of what exactly is dowry and what it is not, but if the DP Act of 1961 could not be of any use all these years in reducing or eliminating dowry, how will merely amending definition of dowry do any good?

READ:  IPC 498a: compromise or die

About the proposed amendment of up to 3 years jail term for list of gifts, well there are many laws like CrPC 340 for perjury which also have jail terms up to 3 years, and others like destruction of evidence and so on in IPC with higher jail terms; but when do we actually hear someone getting actually jailed under these provisions?  These laws are made to fool the public into a sense of complacence that things will get better, but in reality both accused and complainant can get to run around in courts for years without any justice in sight.

So I think only the clause which says punish for false complaint MAY have some effect and the other clauses are just there to make it look like a worthwhile amendment being put in place.  It is always possible however, that the System may find some ways and loopholes in any amended law to let the bail/DV/divorce industry’s wheels spinning forward.  After all, after 498a circulars were issued in many states not to arrest without investigation, what happened really?  They changed tactics to keep pressurizing the husbands in CAW cells for months on end and keep harping on the list of items given in dowry.  In the end, did it reduce the the number of anticipatory bails and regular bails, the number of false cases filed?  Nope I think.

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Related Posts

  1. 498A tips for UK residents and NRIs
  2. Proposal to amend Domestic Violence (DV) Act to protect mothers in law
  3. Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
  4. Spare a thought for innocent husbands

Filed Under: 498a Info Tagged With: Law Making, Law Misuse

Comments

  1. R Kumar says

    March 31, 2016 at 10:30 am

    I too am a victim of 498a after 25 years of marriage. Police too have now become sensitive (at least the honest cops)about the misuse of 498A by married women and her parents. The FIR against me citing 498A was filed in UP where getting an Anticipatory Bail is also a nightmare. The lady cop took due diligence of the law and did not arrest me or my 82 year old mother despite the immense pressure exerted by my wife and her politically connected parents. During the so called “Conciliation meetings”, I and my wife reached an agreement. Though now living separately, I and my mother are at peace.

    Reply
  2. vertika says

    August 24, 2015 at 9:19 am

    Is anyone having any idea about amendments to be made in 498a ,this is for my cousin who’s already fighting a false case in Delhi high court,

    http://timesofindia.indiatimes.com/india/10-of-dowry-cases-false-government-plans-changes-in-law/articleshow/46649047.cms
    http://indianexpress.com/article/india/india-others/government-plans-to-amend-anti-dowry-harassment-law/

    Reply
    • videv says

      August 24, 2015 at 5:57 pm

      Even if 498a is amended, it won’t affect already ongoing cases

      Reply
      • Verma G says

        March 13, 2017 at 4:26 am

        VD, would these amendments not act in retrospective law?

        Reply
        • videv says

          March 13, 2017 at 10:57 am

          No

          Reply
    • ganga says

      October 8, 2015 at 7:53 pm

      I m agree with vertika views about misuse of498A by women against men and his family.

      Reply
  3. SABARINATHAN says

    July 18, 2015 at 9:11 am

    PLS CONSIDER MENS FEELINGS ADN CANCELL DOWARY ACT IPC 498A SOME MORE MENS AFFECTED FAULSE COMPALINSS

    Reply
  4. hotan says

    August 19, 2014 at 7:11 pm

    DOWRY FOR WOMEN IS LEGAL
    A man is legally forced to give away dowry to his wife upon marriage in the form of rights to his assets, even his parent’s and forefather’s assets. The govt./judiciary are working overtime to give more and more “dowry” to the wives. No woman has ever objected to that by lodging a FIR .
    Marriage becomes a lifetime bondage for a man. If he is divorced, even then,he must continue to pay for his crime to marry. Even God does not guarantee such lifetime support to anyone. A man is required to do so by law !!! Yet a man is treated as a born criminal ( in India only)
    Upon marriage, a wife is to be treated as “abla naree” whereas in reality , she becomes a legal terrorist , a Hitler-ian sadist who can wreak vengeance with the help of unjust and unfair laws ,police, judiciary, feminists, media etc. any time.Hence,marriage is a boon to shameless, unscrupulous , greedy woman.
    A dog does not eat dog. But , it seems certain men don’t mind doing it to men. It is a pity that it is men themselves who are drafting more and more such draconian laws and foolishly shooting at their own feet (and rest of the “man”- kind)

    SHARING EVIDENCE REQUIRED TO PROVE ALLEGATIONS OF DOWRY
    Wife should be asked to submit the following which must be readily available with her if her allegations are true
    1.Laws require giver and receiver to sign the list of dowry items in presence of witnesses. provide such a list. Anything given/taken without such a document begore or after marriage cannot be deemed as “dowry”
    2. Sources of income and Income Tax statements to justify the huge amount spent on her marriage
    3. Bank statements to show withdrawal of funds
    4.Purchase receipts indicating date of purchase for diamonds, gold ,cars, furniture etc.
    5.Transport receipt for heavy and expensive furniture etc
    6.Receipts for any payments related to marriage
    7. Proof of “hard cash” given
    8. Video , photographic evidence when the above items were given
    9. Names of persons to whom above items have been handed over , names of all other persons from her and husband side present at the time of giving dowry, time /date etc.
    10. Summary of total expenses item wise.
    Before arresting anyone or accepting FIR , it should be made mandatory for police to check if big ticket items records ( receipts, bank statement etc)have been submitted. Anything wrong/fraudulent submitted by Petitioner should be a non bailable offence

    Reply
  5. Blue says

    July 31, 2014 at 3:38 pm

    The core issue is why did Indian MEN/citizens let the courts and legal system enter the domain of personal relationships i.e. marriage, aged parental care. Why did Indian MEN allow the courts to enter the familial relationships? Why the hell did the courts enter the bedrooms to tell how a man can copulate with his wife? I just don’t understand why Indian males never organized and protested against these draconian laws, they still don’t! If one looked at the rules of D.V. act it stipulates how a male should behave! This was described in an interview by Vasuki Umanath (AIDWA) and she (a feminist spinster) had the gall to tell the Indian MALE on how he should have sex with his wife (do’s and don’ts). Most of these laws Dowry Act, 498a..etc have been crafted on the basis of existing case laws and judgments and not thru the legislative route. These laws are heavily influence by the western feminist and transnational institutions such as United Nations Women’s Guild/ UNCHR. The sovereignty and the Nation’s right for self-determination & the fundamental constitutional right of citizens to govern themselves are overthrown when these laws shoved down their throat.

    People in Indian men’s right community assumed with the advent of BJP Govt. things will change; I for on believe nothing will change because the traditionalist are worse than the feminist/communist/pseudo-secularist, as traditionalist believe it’s the mans duty to slug like a bull in order to support a women and believe in the full extent of chivalry and protecting a female over your own safety and that short of shit. The solution lies in rejecting the institution of marriage and never supporting women. This isn’t Nihilism this actually pragmatic once you notice how the Govt. tightens its noose around you.

    P.S. Just a forecast as new divorce law amendments may also include deducting alimony at source from you pay thru your employer and penalizing you if don’t pay up!

    Reply
    • videv says

      August 1, 2014 at 6:38 pm

      >>and she (a feminist spinster) had the gall to tell the Indian MALE on how he should have sex with his wife (do’s and don’ts)

      So she is basically unqualified to talk about it, but feminists never bother about such ‘minor’ inconvenient details 🙂

      It is not so simple that BJP/tradionalists/social conservatives will favour men or patriarchy etc. BJP wholeheartedly supports 33% women’s reservation bill. Where is traditionalism or patriarchy as commonly understood in that?

      MGTOW is a viable but not complete solution. Each man can take his own decision. The reason it’s not complete solution is that MGTOW typically don’t care about political involvement, but even if you forget about politics, the politics may not forget you. So MRAs will also be required. They can complement each other in many ways.

      Reply

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