Sunday, July 6, 2008

NCW and USAID funded human right abuses in India under the guise of Women Empowerment

Honorable Inspector general of USAID,

I wish to bring it to your kind notice the gross abuse of the law and human rights that is hapenning all over India under the false guise of "Womens Empoerment" and Anti Dowry Law section 498A. Approximately 95,000 innocent women and senior citizens are arrested every year by the Indian Police in non bailable warrants under this section 498A and abused . Many have commited suicide unable to bear this intense harrasment. Unfortunately USAID India , is hand in glove with some of the radical womens organisations is helping fund this abuse instead of stemming from it . Please read furthur to understand what the abuses are how innocent Women , men and even children are abused under the guise of "Women's Empowerment".




Laws are formed based on the constitution of the society and the societies change with time . Nowhere has society changed faster than in countries like Indian and China over the last 10 years . Things have moved at such rapid pace that we are the in the digital age but with laws that are still from the days of the British Rule.



I totally agree Section 498A is an excellent shield in the hands of the truly suffering, it provides then instant relief and protection if used with the right intention. I use the words “truly” very carefully here because according to the statistics 98% of the 498A cases filed in India are FALSE. The abuse under this section has been phenomenal in the last 4 to 5 years. The government’s drive to bring out the truly suffering has badly misfired and it has actually brought out unscrupulous women who almost always influenced by their male relatives unleash wave after wave of “Legal Terrorism “ on the accused and then get away scot free. Although the so-called accused party almost always is released since the cases are mostly false to begin with, they are made to suffer by dealing with the Indian Police and Judiciary for 4 to 5 years, which is punishment in itself.
And there is a very strong attempt by unscrupulous women to include all marital issues in the 498A basket somehow and to charge the husband and all his relatives with Dowry Harassment because it is only this law that has the capability to cause the most severe mental and physical harassment to the accused .

The very constitution of the law leads to its misuse. Let me go through the nuances and the draconian elements of the law one by one. We really cannot expect to give a loaded and cocked gun to a irresponsible user and then expect him not to fire it. Why give the women an unsafe law to begin with , and then expect them to be responsible and not use it ?

Below are changes to the current provisions that must be debated in order to check abuse
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1) Just a simple complaint of Dowry harassment is enough for the police to arrest the accused. (Whereas even in a murder charge the police is bound to investigate the prima facie before they can make any arrests.)

Recommendation: - No arrests without solid evidence that the crime is indeed have been perpetrated. Just the verbal accusations and a sobbing woman should not be the basis for a CRIMINAL case to be registered. Police can however begin investigation and review the evidence provided at this stage. Arrests would need written permission from the senior police officials. The investigation must be completed before any case is filed. Arrests must be done only if it is proven beyond doubt that the case is indeed one of dowry harassment and not one of a women out to make a quick buck with her relatives.

2) The accused is proven guilty until proven innocent.

Recommendation: - In India just the mention of “Dowry” from a wife of a well to do person or an NRI becomes a magnet for the police and the women’s cell and NGO’s . The word “Well to do” is of prime importance here because how many times have you come across a wife of a Road side hawker or a Bus conductor being helped by NCW or CAW or women’s cell .

These agencies all try to sympathize with the well to do wife and advise her not to waste any more time and file a 498A as soon as possible . Once the case filed the Indian Judiciary system itself becomes the woman’s henchmen and extortion starts. The recommendation here is to put the burden of proof on the accuser and not the accused.

3) The case is not compoundable.

Recommendation: - Although some states have made it compoundable most have not . Making it compoundable has its own disadvantages , it gives a chance for the Wife’s party to come for a compromise and demand a astronomical amount as “compromise money”. The various parties who normally get a cut of this amount are the Relatives of the wife , Police , Judiciary and the Wife herself .

Some other new provisions things in the law will bring down the misuse
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1) No 498A 1 year of the date of crime: This has become a tool for extortion as long as the husband is alive. There have been instances where the 498A case has been filed after the husband and wife split for 20 or more years. Why would a woman who claims to have been beaten and tortured for Dowry go to the Police station and complain after 6 to 7 years that I was beaten 7 years back , if it was not for motive to extort money or cause unnecessary harassment to family .

2) No 498A after divorce: - Husband and wife have parted ways and the each has his and hers own happy lives .Pat comes the Police one day after 5 years of the divorce and arrest you and your family saying that your previous wife came to police station with a complaint that she was not given food to eat in the house 5 years ago!!! . This must not be allowed

3) Marriage registration: - Register marriages through the women’s cell. Any marriages registered through the Woman’s cell would have the proof that no Dowry was ever demanded and paid and such wife’s should be barred from filing 498A cases


4) Punishment for the false accusers :- Today where 98% of cases filed under 498A are found to be frivolous , there is no action taken against the false accusers .The FALSE accusers must get severe punishment and this must be publicized so that the other unscrupulous ones who are hiding under a Sati Savitri image by putting glycerin in their eyes get a warning that extortion racket like these will not work any more


5) Fast Track courts for 498A cases :- Why would a young Man and young woman have to fight it out in the court for 5 painful years ? This is the time when they are to build our country and take it forward . The sheer pain the family undergoes just to deal with the Judicial system in phenomenal . Fast track courts must be set up to resolve these cases within 6 months , so that whatever judgment is given , it will quick and then the young people can go their ways



Stop funding for the CAW and NCW :- These organizations are for the protection for women and unless their tas is not just to issue loose canons to Wifes to extract money and inflict pain and suffering to the husbands family . These organizations must frame laws to and protect the women in the role of Mother-in-law and sister-in-law from the false 498A cases of the wife . Unless these happen NCW must change its name to National Commission for (Unscrupulous ) Wives , because the actions and the laws that organization frames just encourages the cruel and scheming wife to get away with heinous crimes , while denying justice to the real women who need it .


We no doubt need to empower women in our country and every woman has the right to be treated well by her husband. No man should have the right to ask for any dowry and Dowry seekers must be punished. But while we are doing this we must also see that the accusers in the 98% false cases are severely dealt with and penalized for using the Indian Judiciary to unleash “Legal terrorism”.


Thanks,
Arnab


PS :- Please visit the below sites and links to get Graphical information

http://www.498a.org

http://data.498a.org/

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