Dowry laws are obviously and clearly misused

Feb 11 2008  | Views 215 |  Comments  (2)
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It was sad day when a young person pushkar singh was cornered beyond reason and driven to suicide . Many actors are to blame in the following priority 

1. Women Organisations for making demands for laws and processes which are not in line with natural justice and demanding gender biased laws. 

1. The lawmakers for making a law which makes the legal process as process of harassment . This is increased in the dowry law and the domestic violence law because all the due processes has been exempted .

2. The Police for filing an FIR without an iota relevant evidence . The only documentary evidence were proof of marriage . Evidence of marriage is not evidence of crime

3. The Judiciary which has been lax in demanding evidence before prosecution CRPC 240 and FIR under CRPC 154

4. Last but least of course the woman but then when a free for all is given in the section 498a , dowry law and the domestic violence law of course the threshold to abuse and misuse the laws is extremely lower.

The problem is not that the law is misused . The problem is what happens when the misuse is aparent . 

Some Samples of clear misuse and mis-response.

1. A case in Bangalore 2001 . the wife claimed to have attempted suicide and addmitted to a hospital which was named in FIR and charge sheet and the real fact the Hospital dies not exist . 

What was expected : 
  Filter one the police on finding that the hospital does not exist should have given a false reported and charged the girl 
Judiciary should have demanded proof of existence of the hospital before charging 

What happened : 
The police accepted , judiciary accepted and acquitted in 2005 . The publilc prosecutor in that case was absent for a record 16 dates in sequence

2. Another case in Bangalore 
1. A case in 2003 : Wiofe claimed husband demanded property . The husband had already filed civil suite on those properties for recovery . Husband later filed in court demanding that th epolice consider his evidence.

What was expected : 
Filter one : police on coming to know of the civil recovery cases should have given a report of false complaiint 
Filter two : judiciary should have rejected the charge sheet demanding that the husbands evidence be considered. 

What happened 
Police chargesheeted , lower court accepted, higher courts finally find it to be an abuse of the process of the law.

3. Another case common to bangalore and Delhi 
A case in 2007 : wife forced husband to disown his parents . wife clearly mentioned that failure to give her money will lead to a false dowry case . The conversation was recorded 
this was sent to every actor including the bangalore police and delhi police and president . 

What was expected : 
Filter one : The bangalore police should have warned the girl and sent an Advisory to the Delhi police not accept the fir 
Filter two : judical system should not have accepted the FIR 

What happened : 
Police Fir and they opposed bail
the judicial system laughed saying it happens now why do you not pay the girl 


4. A case in Bangalore 2006 :
The husband demanded that his father law pay him back the loan of 3 lakhs given to him by cheque . 

What was expected : on seeing the cheque and bank account evidence that the husband was demanding repayment of the loan he had given the FIR should not have been filed 

What happened : FIR , chargesheet , 

5. A case in Bangalore 2005 
An Airforce captain whose wife committed suicide as result of her failure to save her younger sister from domestic violence committed by her father . The domestic violence was clearly recorded by the makkala shaya vani ( Childrens Helpline ) . The Karnataka state commision of women also gave clean chit to the husband . The husband went through lie detector test and passed clean 

What was expected :
the FIR should have been B reported in face of these evidence or should have been quashed as it was clear that the girle father was veatiously trying to entrap the husband for his role in helping his wife to save her sister. 

What happend : what more can I say . The same old story

There is Tamil Saying : to know that Rice is cooked you just need to look at one grain . 

For us to know that the law is misused heavily all we need to know how authorities reacted to clear evidence of misuse. That the Authorities do not feel outraged at clear misuse cases where in documentation exist , voice recordings exist , lie detector evidence exist , hospital does not exists . 


Its clear evidence that there is no attempt made to sift grain for chaff and unfortunately the authorities have got habituated and in comfort  zone of permitting false cases to go through irrespective of merit when in reality this is not meant to process of law or justice . 
From their behaviour it looks  police think that 498a and DP law is actually meant for persecuting only false cases and are actually awating for new law where in they can persue real cases
   
© bharati Deshpande., all rights reserved.

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Bangalore, Female
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