There exists one industry in the name of dowry in India. This is the dowry industry or to be specific the 498a industry. Supreme Court has recognized this unholy industry long time back and set many guidelines to curb this thriving business by feminists but of no avail.
Recently honourable SC has again come down heavily on this industry by reiterating the rightful implementation of arrest procedures ( under CrPC 41a) and cautioned the police and lower courts about the use of the section as ‘weapons’ by ‘disgruntled housewives’. Even though this judgement is not new and only explains one existing CrPC section to prevent unnecessary arrests and thus tries to bring justice for those imprisoned even before trial there is a huge resistance from the feminist organizations. Let’s try to understand different viewpoints on this judgement through this debate on a national TV channel (yeah feminists did not like to get exposed. So the video was later removed)–
It is very important to understand the following points before we proceed. These points are so far missed by everyone commenting on the same.
- This judgement came on the seventh anniversary of the said marriage. (marriage date was July 1, 2007 and the judgement date was July 2, 2014)
- The bail application and this judgement are for securing bail in a 498a case and do NOT mean acquittal in the same case. It only means the person can fight the case from his home. He still needs to finish the entire procedure of IPC 498a trial and then get justice.
- The accused were not arrested but he ‘anticipated’ arrest and hence moved to courts for bail and hence this judgement on bail procedure.
- He has earlier got one provisional bail order with conditions which are now made absolute with this order.
There are two other points that are very important for everyone to understand that in a criminal justice system arrest based on mere complaint is completely unjustified and great violation of human rights. However, the court DID NOT bar police from arrest. It only sets guidelines and increased the accountability of both police and lower courts to any arrest just to stop the unbridled misuse of the clause and to stop it from becoming ‘Legal Terrorism’.
Second important point to understand is that immediate arrest is in no way equal to justice. Justice can still happen when the accused is imprisoned after proving guilty. In fact that is the way how human rights of the accused can be safeguarded.
Going into the details of the case I came to know that the original marriage was shortlived and the 498a drama is happening for last 1.5 years. So in these 1.5 years Arnesh could only secure bail in his case and the main trial is not yet started.
I happened to meet him earlier and I know that he lives in Hyderabad but he hails from Bihar and for every hearing he needs to travel to Bihar and later to Delhi. He needs to spend 15-20K per month just to fight his cases. Bail money and maintenance to his wife (if any) will be additional to it. So in a way already he has fed this industry with approximately 5 lakh rupees just to secure his bail.
He is not alone. In every such case an accused always needs to shell out such huge ransom money to this industry. One of the fellow victim of false cases has done this analysis –
There is one more component to be added to this. Extortion by women NGOs in the name of settlement or for not filing any case or for making police not arrest the accused family needs to be added to these figures. We understand why they protest so vigorously.
So this industry is 20K crore+ industry in India that mostly helps lawyers, police and women NGOs to earn money and this money is going to them from every family accused in such cases in India. Fear associated with easy arrest by police has been the greatest manipulator in this industry. No wonder why women groups protest these directions so vigorously.
The main arguments the feminists give against this order are –
- 85% acquittal does not mean these are false cases. There may be many reasons including failure of prosecution, police or exaggeration by the advocates behind these cases not being ending up in prosecution. — They never clarify that when the primary complaint itself is false how can the prosecution even collect evidence or end the case in conviction? By not holding the accuser accountable for her claim based on which the complaint is made, these feminists in a way are trying to pass the buck to others so that the drama of the 498a industry continues.This also shows that they support false complainants as they never talk about punishing false complainants.
- Feminists also say (as Ms. Rajana Kumari tries to show her own data refuting NCRB stats) that around 56,000 women has told her NGO that they were subjected to domestic violence. She also claims that in last eight years around one lakh women were killed for dowry. They claim that mostly women in villages don’t even register cases. — Whereas we cannot really consider any data that these private NGOs show, the moot point remain that even if some women in villages don’t use the laws made, does not mean all women will need to be given blanket approval to file such false cases and go unpunished. If someone is not using a remedy made for her that is her individual choice and we can’t really comment on that. If this is an awareness issue as feminists say then it is failure of their own groups who collect money from public for women upliftment and end up supporting false cases and thus helping criminals.
No wonder why we find such cases being highlighted in social media by some of the activists –
Courtesy – Deepika Narayan Bharswaj
The brunt of this legal threat is borne by the senior citizens and children. Many senior citizens commit suicide or cry for help but there is no one to help them. Even in this judgement Hon. SC has mentioned the arrest figures of senior citizens to show the legal terrorism unleashed in India. But still many of these voices are unheard (click the image below to see video) –
Courtesy – Save Bengal Family
(For those who do not understand Bengali, what this lady is saying – Her DIL openly threatened them from beginning of their marriage of filing false case under 498a. The DIL only wanted to live on her husband’s income and was highly demanding. DIL has also beaten her up, used to beat her son as well. Her DIL openly told them about her relationship with another guy but still married her son. This MIL who is also a senior citizen could not say anything against her DIL because of the fear of 498a and arrest related to that. Due to continuous threat from her DIL, the entire family wanted to commit suicide. She requests the authorities to ensure justice as she says many innocent boys are facing such cases and are afraid of marriage.)
But women like her are not the concern of the women groups like Ranjana’s. Because if Ranjana or Kavita was really interested in fighting for women’s rights then they would have demanded strong punishment for those unscrupulous women who files false complaints. This is because due to these false and frivolous complaints the judicial time is wasted and also denies justice to the needy.
We clearly understand that there is some selfish interest to the feminist groups in keeping IPC 498a as it is and keeping the fear of arrest alive so that the extortion is continued. They are not at all bothered about justice. If feminists start hearing both sides and uphold voice of both sides based on merit then this industry will die a premature death. Only reason they don’t want that to happen is when they reap undue benefits due to these provisions.
I will end this with something Ms. Rajana Kumari said in one of these debates. She said it was she and other women rights activists like her who has raised this slogan ’80s to bring 498a. –
“Phool nehi chingari hain, Hum Bharat ki nari hain” (Hindi)
“We are spark and not flowers. We are women of India” (nearest English translation)
When these feminists themselves are saying they are NOT flowers but they are the spark that can burn things around we are still treating them as flowers. We are still providing unnecessary benefits to them because some other women have been good to us. These feminists in turn want to create a system in India that takes away basic human rights from everyone in India. The women who feel empowered in their young age see the harsh reality in their older age but then they have nowhere to go.
Ms. Kumari and other feminists like her have rightly raised the slogan in ‘80s. They are NOT flowers, but potential fire that can burn everything around. It is better we understand the truth now and stop giving them treatment like flowers and take immediate steps to shut down this 498a industry.
Remember if you don’t protest today and demand strict punishment for the false complainants YOU will suffer tomorrow. Even as a woman it is your responsibility to separate out criminal women and demand their punishment.
are responsible for your future. Don’t mix yourself with these criminal parasites.
Related links of debates on SC judgement on CrPC 41a (arrest procedure in 498a)
News24 (second): https://www.youtube.com/watch?v=ucgYprAZTYE&feature=youtu.be
News24 (Third): https://www.youtube.com/watch?v=mZjfKLHhG5E&feature=youtu.be
IBN Live: http://youtu.be/rnRT_VwsyFE