Section 498A and its misuse

Q:  What is 498A?

• 498A is criminal law made for protection of helpless women against dowry harassment. It is non-compoundable (Lady cannot take back her complaint) and non-bail able (Lower court cannot give bail). This law can be applied against husband and his relatives. Under this law police has powers to arrest without any investigation and police generally does that. There are numerous cases when police has arrested innocent people over 80 years and below 18 years of age including ladies without doing any investigations. There is no proof required for arrest. Only a written statement of wife is sufficient to lodge 498A in any police station of India

Q: How 498A is used / misused in India?

• Statistics show that 98% of 498A cases are false (Never proved). In Indian law anybody can file criminal case against anybody. If police is properly bribed and proper sections are laid the accused person can be arrested. Counter cases against false cases are not effective in India. The conditions of police custody and jails are horrible like hell and there is no human rights followed. Many people settle their personal scores by making misuse of Indian judiciary system.
• Evil woman does bargaining for money from husband against not filing 498A. If bargaining fails she files complaint under 498A. If husband has prior knowledge and he gets anticipatory bail he somewhat comes out of clutches of wife. In this case the worst for husband and his family is over. The worst for husband and his family members in 498A is getting arrested. Police generally arrests the accused husband and his relatives without any notice or information. Bargaining is again done with husband when he / his relatives are in jail. At this point husband’s family is under pressure. This bargaining is for amicable settlement. The wife can withdraw the case with intervention of High Court if proper money is paid to her. Otherwise husband and his relatives are tortured in jail. This jail term can even prolong to 3 months. The evil woman gets her ego satisfied. The case generally runs from 3-6 years. Husband has to shed a large sum of money for the case. Wife needs not have to spend any money. The government fights for her. After husband gets regular bail the wife can still do bargaining for withdrawing the case
• 498A is also used to settle personal scores and satisfy extra marital affairs. There are instance when extra marital affair of wife is caught and she used 498A to bully down the husband.

Q: What are steps in filing 498A?

• Step 1: Try to get money or whatever the woman wants from husband through blackmailing against not filing a 498A
• Step 2: If husband does not agree leave the husband’s home and go and stay with mother / father
• Step 3: After some time file 498A in police station of mother’s place. Husband would not know that
• Step 4: Police would come at late night or early morning and arrest husband and his family members caught unaware. There are instances when 498A woman has filed case in outstation and police would come and arrest husband from his home town and would take him to outstation
• Step 5: Bargain with arrested husband
• Step 6: If husband gets bail there is less to be done for wife
• Step 7: With help of police ransack husband’s place and get Stridhan and other household material from husband’s home
• Step 8: Still try to bargain with husband if he does amicable settlement in lieu of money. The money amount can be anything
• The above are generally followed steps but bit*s can adopt several variations of above steps as guided by their instigators

Q: Who are beneficiaries of 498A?

• Wives are rarely benefitted from 498A. They are only able to satisfy their ego. Police is highly benefitted. Police takes money from both the parties. They take money from husband’s family for not arresting them and from woman’s family for arresting them. Typically if they are properly handled they inform husband’s family beforehand in exchange of money. Husband would take precautions as taking anticipatory bails etc. After anticipatory bail the game of police is over
• Lawyers are most benefitted species in 498A. They pull on and pull on and get paid for every date. The court persons get their share of cut by providing certified copies of courts orders at high rates. Rates for anticipatory bails in High Court may go up to 3 lacs of rupees. Police and lawyers thrive on 498A. Sometimes it is heard that public prosecutors and even magistrates / judges get their share of cut. Everybody knows that the case is false. Yet it is treated like routine business

Q: What are implications of 498A?

• Almost always 498A results in divorce. Husband goes through lots of mental trauma. His service and business comes to stake. He has to spend lots of time and money with lawyers and courts. He becomes frustrated. Wife does not gain either. Very rarely she can be married again. Even her daughters do not get married easily. For marriage they do not have free choice and they need to do lots of compromise

Q: How even the knowledge of using 498A is dangerous for marital home?

• In marriage life there are instance of quarrel. If a girl who gets angry quite often has a prior knowledge of commissioning of 498A it becomes highly dangerous. On a fit of rage she can file 498A and she cannot take the complaint back. Husband has to go through trauma. 5-6 years of life gets wasted. Mostly people get caught by blood pressure, diabetes, baldness and other adversities due to tensions. On some occasions heart attacks are heard of elderly people due to 498A. A prior understanding of 498A lets woman know of her enormous power. She can force her husband to stay away from his mother and father. She can slowly take command of husband and husband behaves like a puppet in her hands

Q: Why 498A women and her instigators and helpers are treated as radioactive material?

• Now the society is educated. Everybody knows about 498A. People know that 498A women are dangerous. Society boycotts these women. Husbands try that wives do not meet these 498A bitc*s. 498A family girls become like radioactive material

Q: Who generally marries in 498A families?

1. Man’s family does not have any knowledge of 498A
2. Man’s family does not know that the girl belongs to a 498A family
3. Man’s family is over confident of handling 498A
4. There is some compulsion on man’s family
5. Man’s family is in acute financial crisis may be at the verge of bankruptcy and 498A family promises to provide a good sum of money
6. Man is divorcee and it’s getting difficult for him getting married again
7. The man has some defeciency
8. Man is in love with 498A family member

Q: How 498A did not help Manju Agarwal in this instance case?

• This is on readers to decide

Q: How the practical experience of 498A is dangerous for Niharika Agarwal and Anmol Agarwal?

• The audience is intelligent enough to comment