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498A- The Wedding Gift

498A- The Wedding Gift

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Year : 2012
Banner : Aliya Productions Pvt Ltd
Director : Suhaib Ilyasi
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Total 2 Ratings

2.5
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Stop, Legal Terrorism
fightagainst falsecase, Apr 18, 2013
0 / 5
I am waiting with all eagerness to watch this real life movie 498a The Wedding Gift, let the movie create the awareness and may there b a new sunrise proclaiming a new beginning! Me and my Family members including My Mother and Sister are also falsely accused and harrassed under draconian Law 498a IPC, Protection of Women from Domestic Violence Act 2005 even both are them are Females. We lost our Father after Police custody and harassment on him without a single verification, Indian Law now became a purely inhuman in nature, it supports to bad people only for extortion, blackmail, it promotes forced bribe. I think there is a conspiracy from some agency to destroy Indian civilization by wearing a musk of Women empowerment. What will be gained by our national leaders, Ministers, Administrators, law makers, Judges if all families are destroyed like us? What they are thing they are will remain untouched through this fire? Stop, Legal Terrorism, stop it immediately if you are believe in Humanity.
498A- The legal Terrorism
Aggarwal Gurgaon, Apr 30, 2012
5 / 5
The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases. Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN. According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles. While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives. Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriages Act “has broken more homes than uniting.” He said: “The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.” A broken marriage is not a crime but the Gender biased laws of this country makes sure that in case of matrimonial dispute a husband and all his family members are sent to Jail merely on the allegation of wife, thanks to heavy misuse of 498A IPC. In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by home ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws. The Universal Declaration of Human Rights states: •Everyone has the right to life, liberty and security of person. •No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. •Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. •No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”. OUR Demands: •Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws. •No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws. •Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable. •Bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters. •Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws. •Bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section. •Police should not arrest the accused without a warrant. •Police should conduct a preliminary inquiry before filing a First Information Report (FIR) •Police told to first verify the complaint before registering it •Stop or minimize the involvement of police in “Matrimonial Disputes”. •Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section. •No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws. •Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws. •Issue circular for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, elderly persons, children and pregnant sisters on a complaint under 498A IPC. •Involve NGOs working in the similar field. •Don’t allow wife to use 498A IPC as “Arrest on Demand”. •Instruct police to follow earlier circulars issued by COP-Bangalore, DGP office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”. •Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly. •Amend current maintenance laws to put a cap of not more than 1/10th take home salary per month. •Maintenance should not be given to educated, working, well bodied or adulterous wife •No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife. •Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases. •When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage. •Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition. •Maintenance should be granted for the purpose to maintain decent life style and not for luxury. •Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage. •Bring in appropriate amendment: To stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws. •Bring in appropriate amendment: So that no arrest happens before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws. •Bring in appropriate amendment: To stop arbitrary arrest of elderly persons, children and pregnant sisters. •Bring in appropriate amendment: To prevent arbitrary arrests by police and to implement the advisory issued by the Union Home Ministry regarding heavy misuse of the 498A IPC. •Bring in appropriate amendment: As it is a common knowledge that allegations made in the Domestic Violence Act and IPC 498A are almost similar hence there must be an amendment so that only one provision can be used in case of a matrimonial dispute.

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