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The government of India has decided to broaden the ambit of the controversial Section 498a of the Indian penal code. Many civil rights groups are taking a stand against Section 498a because it is being falsely justified as a weapon of “Arrest on Demand” by wives who are angry against their husbands and in-laws. Section 498a was created to provide safety for women; not cause harm to either of the spouses.
But how does one know if the accusation is real or false? Due to Section 498a there is no investigation following an arrest. As a result, it has proven to be difficult for a suspect to get out of an arrest. Unless you and your spouse can reach a settlement in court, it is something that cannot be avoided.
Can we say that it is men who are now standing up for themselves and not just women? This is starting to appear very common amongst most cases under Section 498a. False accusations are continuously being made, leaving men in a legally vulnerable state.
When false allegations are present, hardly any attention is paid to the case. However, in situations where the woman is a victim, the coverage seems unwavering. The public appears to find it very difficult to view men in the same light of victimization.
These false accusations do not destroy the image of men throughout India. However, because of past events, this has tarnished men’s credibility in court when such charges are brought forth. Section 498a is a result of past grievances that men committed towards women. In some instances, it has been found that a select amount of women have taken advantage of this newer law.
Is section 498a giving women more power now in the marriage? Have they been given more control?
Section 498A, of late, has started catching the attention of one and all; from women’s lobbying groups, to men’s rights activists, to prominent lawyers and the judiciary. It has even arrived at the Home Ministry and RajyaSabha. What does this mean for Section 498a?
The government has come to realize the hidden potential of a law like Section 498a. Society is saying that it is unconstitutional and has declared it a weapon for unleashing legal terrorism. A government source has stated that they are considering changing the definition. The new definition is still a work in progress but will cover many crimes from blackmail, extortion, threatening, kidnapping, and physical assault.
But how long will it take for such things to take place? Yes there are changes that are being promised but will it actually be done?
There are many opinions and different perspectives about Section 498a. Many people will either be left happy with the changes being made or unhappy with this decision. The question that lies before us is, is there is a way to avoid theabuse of 498a?
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3605 Long Beach Blvd., Suite 300 Long Beach, CA 90807Long Beach
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What is 498a?
Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action.
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3111 N. Tustin St., Suite 200
Orange, CA 92865
Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807
St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114
Contact Information
| Phone: | (855)-WHY-498A |
| Fax: | (714)-637-1713 |
| Email: | info@498alawyer.com |
| Web: | www.498alawyer.com |
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