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You are here: Home » Men Rights » Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.

Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.

18 Oct 2017 By videv 11 Comments

Note: This article is being put in public domain and can be used by anyone in part or full for any purpose whatsoever.

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Contents hide
1 Data sources for building arguments on law misuse etc.
2 Arguments against misuse
3 Negative impacts of 498A
3.1 Suicide of married men
3.2 Unjustified and mysterious bail proceedings – bail industry at work, or a scared lower judiciary?
3.3 Arguments based on conviction rate being 15%
3.4 Costs to society for wrongful prosecution
3.5 Costs on wrongly accused men (70,000 husbands) who are forced to quit their jobs, or take leave from work
3.6 Costs to wrongly accused (150,000 accused) of bail proceedings etc.
3.7 Costs on police, investigation, prosecution, trial, taxpayers for trials of wrongly accused (70,000 cases)
3.8 How it affects poorer people in worse way? Find data on this
4 Problems in police charge-sheeting
4.1 Police has no accountability on conviction rate
5 Is IPC 498A a criminal law, civil law, matrimonial law, or divorce negotiation tool?
5.1 Lawyers advising online to file 498A for divorce, marital problems to women (get screenshots etc.)
6 Analysis of NCRB Data
6.1 News stories on suicide of men, blaming wife/in-laws or suicide note

Given recent news about revisit by Supreme Court of prior SC judgment of 27th Jul in Rajesh Sharma vs. State of UP, it has become imperative for men’s rights organisations to come up with their own arguments and get directly involved with the legal and judicial processes about how laws, their interpretation, and implementation are modified by judicial orders.  Even the revisit order by SC is based on a PIL by a women’s NGO comprising of women advocates, and so if the logic being extended is that PIL has been filed for protecting women’s rights, then by same reasoning men’s rights organisations can get involved with the PIL and implead themselves into such proceedings for protection of men’s rights.  If women’s rights are human rights, then men’s rights are also human rights.  If anyone has trouble understanding this point, then he/she is likely driven or brainwashed by cultural Marxism type of propaganda.

Arguments will be given on various points below, and further the mentioned data sources can be analysed to build a thorough report on the same.  Some of the points have already been acknowledged in various SC and HC judgments, so those can also be cited in lieu of giving primary data.

Those who want to contribute in research/writing work (not just sharing ideas) can send join request to this Facebook group:

https://www.facebook.com/groups/MenRightsLegal

Data sources for building arguments on law misuse etc.

Lot of the data and statistics about 498A and its ill effects are already available through following primary sources:

  1. NCRB (National Crime Records Bureau) reports which give both IPC 498A data and suicide statistics.  These have been analysed in many blog articles also.
  2. Some data has been collected through RTIs filed by individuals.

Anecdotal data about 498A misuse, bail proceedings, false charge sheets (even though not in statistical reports) can be deduced from following sources:

  1. Calls/emails received by MRAs/volunteers, and NGOs
  2. Social media
  3. Questions, comments by general public (about fear of law misuse by women, 498A after marriage) on internet, social sites like Quora etc.  This type of data can be utilized to show that general public is aware and scared of misuse of women protection laws.  If an argument is given by OP (Opposite Party) that such data is anecdotal, then it can be argued that since government has not done any survey on people’s attitudes and perceptions about misuse of women protection laws, such anecdotal data which is widely shared on social media, and not challenged has to be taken into account and respected.  Even lot of data advanced by women NGOs is based on conjectures and convenient surmises about non-reporting of crimes by women, “within four walls of home” type of arguments, which are nothing but convenient assumptions instead of real data of the kind collected in surveys or the kind of data NCRB reports provide.
READ:  A pathetic attempt to work around a pathetic law

Note that there cannot be any bar on basing arguments on above data found by men’s rights NGOs/MRAs, because even the women NGO Nyayadhar has based their arguments on their own data collected over years, the truth or falsity of which has not been independently verified.

Arguments against misuse

A common fall-back argument whenever it is acknowledged that IPC 498A and similar women protection laws are misused is that every law can be misused, and therefore that by itself should not be a reason to scrap or abolish a law.  The argument is incomplete because it does not go into extent or degrees of misuse of various laws.  For example, it has sometimes been seen that murder case has been put on husband or family where a married woman has gone missing.  Later it has been found that the woman was living with her paramour in another city, so the filing of murder case was totally wrong and a misuse of murder law.  Or sometimes a body has been found of a woman and it was assumed to be another woman who was missing, without proper investigation.  In this case, there is a possible murder case, but those accused of murder are not the rightly accused since the victim woman has not bee identified correctly.

How many such misuse of murder law will happen in an year? Maybe 10, 20.  How many people will get arrested and have to face trial?  Maybe 30-50.  Now compare this to number of IPC 498A filed every year (about 1 lakh), and number of people arrested is about 2.2 lakh.  Overall conviction rate is reportedly 13-15% or so based on NCRB data, and based on RTIs filed in Bangalore/Karnataka it is much lesser.  According to this RTI data, 25 people were arrested (and most had to go through trial lasting 5-10 years) in Bangalore for ultimate conviction of 1 person.  Such arrest and prosecution of people is totally against principles of justice in a civilized society, that innocents should not be made to suffer in order to punish the wrongdoers.  But when it comes to women protection laws like IPC 498A, all such caution is thrown away, and the state acts like an oppressive state only too happy to arrest.

Data sources for above: NCRB crime statistics, RTI replies.

Negative impacts of 498A

Suicide of married men

It’s already well publicized that suicide rate of married men is more than double the number of suicide rate of married women, yet the societal perception has been created due to MSM’s (Main stream media) constant news on any news about crimes against women.  Part of the problem is also that a man is considered to be possessed with free will, and a woman is considered (whenever bad outcomes) to be either under some kind of oppression or without agency, and so all news about male suicides will get explained away due to things like farmers’ suicides, financial problems, personal problems (note that the same personal problem could easily become dowry death IPC 304B in case of woman’s suicide if within 7 years of marriage).

The more convincing part is about regularly coming news of married men committing suicide due to clear reason, or many a time leaving a suicide note, post on Facebook, or even a video before suicide.  These news sources can be utilized as part of 498A misuse PIL, or similar proceedings.

Unjustified and mysterious bail proceedings – bail industry at work, or a scared lower judiciary?

A very common pattern is being observed in bail proceedings especially anticipatory bail proceedings related to IPC 498A cases.  What has been reported by many accused men is that their bail gets rejected at trial court level almost always.  Many are able to get bail at session court level, and almost everyone is able to get bail if they go to High Courts.

If anyone has basic understanding of about bail, then it is easy to see that this type of bail rejection at lower courts but granting of bail at higher courts based on same set of facts, is gross injustice.  When no new set of facts have been brought forward in appeal, then why should the bail not have been granted at lower/trial court itself?  Many people may not have the resources and ability to keep approaching higher courts all the way till HC to get bail.  All of them are being denied bail at lower court level.

READ:  Sujit Kumar Singh of Jharkhand on hunger strike in jail protesting against false IPC 498A case

Some possible arguments on the reasons for this could be:

  1. There is a jail/bail industry at work, which benefits the advocates at expense of innocent public.  There is some possibility of this since many in advocate community had spoken against strict interpretation and adherence to CrPC 41 provisions, which is something would result in lesser number of arrests, and fear of arrests, thereby lowering the number of bail applications coming to courts.  Supreme Court had given a definitive judgment on adherence to provisions of CrPC 41 in its Arnesh Kumar vs. State of Bihar judgment, so at least the threat of immediate arrests has subsided in many states of India.
  2. The judges in lower judiciary are scared of being accused of bias, so they routinely deny bail while higher judiciary is not scared of doing the right thing and so bail is granted at session court level many a time, and almost always at HC level.

Arguments based on conviction rate being 15%

Someone needs to analyse this based on conviction rates in other crimes as per NCRB reports.  Basically, the conviction rate in IPC 498A is too low.  If the argument is advanced that it is not because the case was false, but due to inefficiency and delays in judicial system, then one can compare lower rate of conviction in IPC 498A relative to other crimes to show that it is much more than the standard argument about inefficiency and delays.  Even if conviction rate is not reasonably high (say 50%) in other crimes, given that IPC 498A sees lot more FIRs and charge-sheets and number of accused, fixing IPC 498A has lot more positive impact in creating a just prosecution and judicial system judicial.  If a particular crime has 100 FIRs in any year, its ‘rampant’ misuse will affect maybe 100-150 people, but since IPC 498A has about 100,000 FIRs and about 220,000 accused in an year, its rampant misuse affects whole of society.

Here we can argue that the right to life and liberty also entails right to be free from possibility or actual arrest, bail proceedings, cost of hiring defence lawyer, unjustified prosecution, trial over many years which only results in acquittal in the end.  There cannot be 100% conviction in any crime, but a 15% conviction rate is also not justifiable.  A comparison can be made about conviction rate in other countries in various crimes, and what would be a reasonable conviction rate for Indian prosecution and judicial system.

Assuming that a more just conviction rate would be 50% in overall crimes and so in IPC 498A cases too, then it is easy to see that the total number of IPC 498A cases will have to come down by 70% of what they are now, from about 100,000 per year to about 30,000 per year.  We assume that absolute number of convictions will remain the same if more effective processes are put in place.

Current number of cases /year Current Conviction Rate Number of cases resulting in conviction
100000 15.00% 15000
Expected number of cases /year Desired Conviction Rate Number of cases resulting in conviction
30000 50.00% 15000

Now it may be argued that with more efficient and effective processes, the conviction rate should increase from 15% to a higher number, and so the absolute number of convictions should be higher than 15,000.  I would be somewhat wary of jumping to such conclusion, since it seems from data that there is very low conviction rate in cities like Bangalore.  So there is every possibility that higher conviction will be happening in rural areas.  If the PIL of Nyayadhar women’s NGO is to be believed, the reasons for this could be because well-educated women (in cities presumably) misuse the law, but those in rural areas are the real oppressed women.  Since that NGO works with rural women, it could be their self-serving argument too but in absence of data this cannot be dismissed outright.  However, another plausible reason could be that those accused in rural areas are not so well aware of legal processes, are unable to spend a lot on defence lawyer, and hence their trial ends up in conviction.  Also, many of them in current scenario are falsely accused, but being unable to get proper defence, they get convicted anyway.  With proper processes put in place, many in both urban and rural areas will not have to face a charge-sheet and subsequent trial.

READ:  NCW should oppose cruelty against all women in household

So, if conviction rate in IPC 498A is increased to a more justifiable level of 50%, about 70,000 cases per year can be reduced. That will directly translate to about 150,000 lesser number of accused who are saved from all the ill-effects like possibility of arrest, bail proceedings, trial for many years, resulting job losses, loss of reputation, societal bias, and so on.

Costs to society for wrongful prosecution

Given above analysis, further costs under various headings below can be based on lesser number of IPC 498A cases by 70,000 per year, and also lesser number of accused by about 150,000 per year.  Whatever are the current monetary costs, wastage of resources etc., will come down proportionately by 70,000 lesser number of cases and 150,000 lesser number of accused.

So one can basically find current costs under each heading, and then take 70% of them, or take ratio of 15/22 (150000/220000) for them for number of accused.

Costs on wrongly accused men (70,000 husbands) who are forced to quit their jobs, or take leave from work

Costs to wrongly accused (150,000 accused) of bail proceedings etc.

Costs on police, investigation, prosecution, trial, taxpayers for trials of wrongly accused (70,000 cases)

How it affects poorer people in worse way? Find data on this

Problems in police charge-sheeting

Problem in police charge sheeting – far off relatives, no investigation, charge sheeting of accused without good evidence. Charge-sheeting of accused done even if evidence shown contrary to allegations, e.g. accused husband produces evidence that he has given 2 lakh to his father in law, though he is being accused of demanding dowry (with no documentary evidence of actual dowry paid, or any demand either).

Police has no accountability on conviction rate

Following judgment needs to be studied, and how these recommendations have to be implemented.  If they are not implemented so far due to whatever reasons, then this can be argued in SC that some suitable directions need to be issued to state governments so proper investigation, charge-sheeting, trial becomes a reality.  That will automatically reduce the number of false/unproveable charge-sheets by police since they will be bound to increase conviction rates, and the easiest way to do that is by reducing the number of false cases being converted into charge-sheets.

http://www.livelaw.in/breaking-erring-prosecutors-and-investigating-officers-must-be-proceeded-against-in-case-of-unmerited-acquittals-and-wrongful-convictions-sc-download-the-judgment/

Is IPC 498A a criminal law, civil law, matrimonial law, or divorce negotiation tool?

Lawyers advising online to file 498A for divorce, marital problems to women (get screenshots etc.)

Incentive to lawyers to suggest 498A as negotiation tool for divorce, widely sanctioned and condoned since settlement/compromise considered normal even though cognizable offence.  FIRs are filed, trials begin, and then at any point of time of trial a quashing of case can be done by HC under CrPC 482.

Analysis of NCRB Data

NCRB data analysis – overall conviction 498A

NCRB data analysis – find states with high conviction rates 498A

News stories on suicide of men, blaming wife/in-laws or suicide note

Questions about this Article?

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  3. Men ki Baat – Counselling, Discussion of personal cases on Telegram, Facebook, and WhatsApp
  4. Sujit Kumar Singh of Jharkhand on hunger strike in jail protesting against false IPC 498A case

Filed Under: Men Rights Tagged With: 498A

Comments

  1. DP SINGH says

    April 21, 2018 at 8:04 am

    On 20th April 2018 ,the petition to revisit the judgement rendered by Sc bench of Justice A K Goel and Justice U U lalit has been accepted for review in the bench of Justice Dipak Mishra .The date of hearing is In July 2018 .
    Can the Men’s right movement become party so as to present a proper counter argument in the case .Already the section alongwith 406 Ipc for istridhan and DV act is being misused to the maximum extent in the country .

    Reply
  2. Ajit says

    January 16, 2018 at 8:53 pm

    Sir
    Good work is being done .What is the most basic problem today Husbands today have almost zero rights in marriage .There is no law to give any males rights .Only right of males is to get divorce .There is urgent need to represent this before courts and govt. Over the time now women has DV Act 2005 ,125 CrPC for maintenance and 498a IPC .Now Delhi High Court is listing the petition to make fraudulent concept of marital rape a crime .We would need to understand that all these laws are not only misused but also one sided and mis drafted. So 498 a is not only misused but is one sided and mis drafted .What rights men have in marriage in return of paying maintenance answer is zero.While on the one hand feminist would claim women are equal and law would also claim so than start saying that women are weak so give them special rights .

    Reply
  3. ABHISHEK TAK says

    December 29, 2017 at 11:31 am

    Representation with attachments against Arbitrary use of power by DCP Jodhpur West, using 498a as the NEXUS is using influence of Jodhpur MP. Further no action on various heinous crime highlighted. Read attachments to find out charges negotiation on countering police report. Twitter tak_abhishek

    Reply
  4. SASANKA MISHRA says

    December 17, 2017 at 8:53 pm

    To challenge misuse of any law, it is necessary to build up data of mis use as well as related court decisions in support of the challenge.At the same time the inherent logical flaws in the law must be brought out and focused.For example, the ssary IPC 498A was enacted to lend protection to as neceweak and uninformed women,as they were unable to protect themselves.Hence is was necessary that such section of women should have been defined in the law to prevent its misuse by the other,i.e.,the stronger and informed section.Since deserving section has not been identified snd defined,this a vital flaw inherent in the law.We can also define the deserving group.

    Reply
    • videv says

      December 19, 2017 at 1:46 pm

      Definition of wife in 498A doesn’t preclude urban or such wives, and criminal law usually won’t have such classification anyway. So better to focus on root of problem which is bad law

      Reply
  5. AK says

    December 14, 2017 at 1:49 pm

    Hi,
    Me and my wife was in love relationship in back India.Our relationship started in 2010 after completion of our college. I started my Job in IT sector in May 2011. After two year of relationship she came to USA for her MBA degree in 2013 and she Got Job in USA in 2015. We had long distance relationship over mobile from 2013 to 2016(I was working in this period of time). In 2016 we married to each other(My father was against this marriage as it was inter-caste marriage). In 2016 I left my Job and came to USA to be with her and start MS course here. As soon as I reached USA I realized she was not same person used to be. She was physically abusive and used to abuse my father and my family because he was not happy with our marriage. I tried to convince her that he already accepted her as his daughter in law (In his heart) and we need to give my father time as inter-caste marriage is big thing for him. Meanwhile she used to shout at me for every small thing,I tried to convince her not to use bad mouth for my family but it never end. One day she slapped me and hit me with sleeper in the middle of our argument. I was shocked, I felt like cheated and humiliated. That day I told everything to my father in law and also how her daughter slapped me (I didn’t tell anything to my family as I didn’t want to create scene). He told he will talk to her daughter. But nothing changed after that day also and our fight continue to happen.
    We married in feb 2016 and I came to USA in august 2016 we were living together from then till 20 September 2017.we didn’t have any physical relationship during this period. I tried to make it many time but every time she make some excuses like work pressure or some other random things.
    I was so frustrated with everything that I stop valuing my own life.
    Finally on 20 September 2017 I started living separately.
    Currently I am student pursuing my MS degree (Before that i was working in from 2011 to 2016) )and she is working in USA. Now I want divorce from her, even she also many time told me she don’t want to live with me. I asked her for mutual divorce but she said nothing regarding it( I feel she and her family will not be ready for it).
    All this year i felt like cheated and humiliated but due to our past long relationship(we never got physical before marriage also) I tried to make everything normal. There was time when I just wanted to die. I was shocked how could she do this to me ?? Why every time she refuse to our physical relationship??
    Anyway finally i realized i was fool and being cheated ( Even i don’t know reason and never wanted to go there).
    I have read article that lack of sex is consider as a cruelty( I felt it and it is true) and it can be basis of divorce, we never had it even we live together more than a year in same house(Sometime she blame it to her work pressure , sometime to my poor English and sometime to her physical weakness). I don’t want to go for criminal case but want divorce now. My family is afraid of dowry case and any other case( As it was love marriage and I am against dowry I didn’t take a single rupee from her family).
    Please guide me what can be my option I want divorce now.

    Reply
    • videv says

      December 19, 2017 at 1:41 pm

      It can be ground for divorce but proving that the lack of sex is due to her fault may be difficult. All other cases on you are possible once you initiate divorce, but you can use that fact in your defence that the cases are filed only as counter-attack to defeat your divorce and it’s legal terrorism basically. There is no 100% safeguard from false cases, but try to collect proofs (from past) that your father was against inter-caste marriage etc, because in that case the allegation of demanding dowry etc will be very weak.

      Hope she is working and earning well, then you can at least not have to worry less about huge maintenance amount to be paid.

      Reply
  6. Jagatsing Khushalsing Chandel says

    November 24, 2017 at 6:12 pm

    I Jagatsing + 300 employes was working in swastik rubber products co. ltd, khadki pune411003, management was shipped the company at midc chinchwad in a rental basis in year 2000 & the land of khadki unit about 18 acar was sold t builder the case of our due payment is still pending in Bombay High Court. In this regards iI had written to RTI, CM of Maharashtra, Chief Justice of Bombay High Court, Chief Justice of India, Law Ministry but no one reply about action taken by them. I am sorry to say that if any farmer sucaied next day we can read it in news paper but about 10 to 15 emplyes dead by happer tension, hart attack due to dealy in desion by Bombay High Court. Further I bring to your kind information that Bombay High Court is reponsable for employes dead. Can I hope that you will help us in this regards. Awating for your reply
    J. K. Chandel

    Reply
    • videv says

      December 9, 2017 at 3:16 pm

      You need to follow up with Bombay HC itself, since no one else has power over judiciary.

      Reply
  7. AT says

    October 20, 2017 at 11:22 am

    Hi

    Is any men’s right group coming up with their own argument in SC to defend us.
    If yes, how can we help. Please let us know.

    Thanks

    Reply
    • videv says

      October 21, 2017 at 1:56 pm

      Efforts are ongoing. Follow @MenRightsIndia on twitter to get updates.

      Reply

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