Today is the 5th
time SC Judges once again recognized the misuse of Law 498A, but what SC had
been done? Have they really interested to protect the Live and liberty of
Indian Men, which is back bone of Indian Constitution and its responsibility
was assigned to SC to protect for every citizen, irrespective of their caste,
religion or sex (gender).
Court Says :
It is propounded in a
court of law that the penal provision is abused to an unimaginable extent, for
in a cruel, ruthless and totally revengeful manner, the young, old and
relatives residing at distant places having no involvement with the incident,
if any, are roped in. Thus, the abuse of
the penal provision has vertically risen.
When the implementation of law is abused by the law enforcing agency,
the legislature introduces a protective provision as regards arrest. Needless to say, the courts have ample power
to grant pre-arrest bail or popularly called anticipatory bail and even to
quash the criminal proceeding totally to stabilize the lawful balance because
no court of law remotely conceives of a war between the two sexes. The courts remain constantly alive to the
situation that though no war takes place, yet neither anger nor vendetta of the
aggrieved section should take an advantage of the legal provision and harass
the other side with influence or espousing the principle of sympathy.
SC 3-bench Judge,
acknowledge the Misuses of Law once again, but as solution says AB is available,
but failed to understand the getting AB is not some thin ordering Pizza or a
cup of tea. When abuse the power of
arrest happens, do you think Police is fool to give the time the person to go
for Court to apply for AB? Who will stop the extortion, Blackmailing happen in
court , police station in the name of AB ?
Solution given by SC: Training
to Police personals. What a Solution, as last 50 years no training was given to
them in spite so many SC guidelines and Judgments.
 |
| SC: Solution to stop abuse of arrest is Training. Really ? |
In spite of having Blackmailing
and extortion Law , Government make special law 498A , which even term mental cruelty
to wives as criminal offence ( which all over country deal by gender neutral Civil Law ).
But
any mental cruelty by wives to Husband is not crime in India. Such was the
Unfair law in this country, where even silence of any Husband or his long relative
members can be termed as criminal and as its non-bailable offence , the person
can be put in Jail irrespective the allegation latter found true or false.
One Have to understand why
Rajesh Sharma Judgment was have to come in picture to form Family Well fare Committee
to verify 498A complaint, before refer to court or Police.
Advocates/Judges/Government
may say to abuse arrest 41A/Various SC judgment was there to avoid immediate arrest,
But Practically it had been witness, none had given any respite for abuse of power
of arrest.
When police arrest someone,
technically prim face you can’t say its abuse, as it was non-bailable offence
and Police, as they can’t refuse to register FIR. On the spot also police can arrest
the Husband, if opposite party power full or use influence, so, the abuse of power
of arrest was not curbed nor register of FIR with long list of people was
stopped.
The intention of Rajesh
Kumar Judgments was to curb automatic register of FIR and abuse the power of arrest,
only think they have to record the reason and Justify. Means abuse of power of
arrest was continue in spite of 41A/various Sc Judgments. Rajesh kumar Judgment
was tried to given a way to filter the complaint via Family well fare committee
to get time Husband to get AB, which had been reversed.
Second think getting the
AB does not remove person name from the list of Criminal or provide the Live
and Liberty of a person provided under article 21 , many rights had been
restricted as soon as your name in list of any criminal offence start from free
moment to get Passport, Job and many more.
Hence, SC- 3- Judge
failed to curb the Misuse the 498A and protect the constitutional right of article
21 of innocent persons, though they acknowledge the same, but failed to take
any corrective action.
The justification given
CRPC41A and AB available as per law, so no need any other remedy. In the same logic,
if any women face so called dowry harassment, she can file case as blackmailing
and extortion also, but why special law 498A? Why the demand of Money/property
by wife family from Husband not termed as Dowry ?
The solution given by SC
Misuse to be dealt with AB is nothing but their failure to take corrective
action. Result the innocent people have to suffer, which SC judges itslef termed earlier as unleash Legal terrorism.
Wonder our SC is for to take
only note of Misuse or give corrective action? Even after 5th time , still they have not courage to #Scrap498a .
The justification SC- Judges
given , it’s not their Job to correct in loophole in Law , but in case of
Vishaka case to order internal committee ( already sexual assault law was there)
, 66A scraped for Misuse , 377 modified to stop abuse the law , but when comes
to 498A , their contracted stand surprised me.
So , it’s clear beyond reasonable
dought that in India none is interested to protect Men’s Live and Liberty right
provided by Constitution article 21 by making multiple unfair Law by government
, the laws will be abused by Police, advocates. SC Judges also un willing to
take any corrective action. So, what option as Men in India you have?
Injustice somewhere is
threat of Justice every where!!!
