498A
(Dowry Law)...Gope Lalwani , NJ
The
supreme court of India on July 22, 2005 held that
IPC section 498A is constitutionally valid law
New Jersy, July 25, 2005
NRI press
According to newspaper reports, the supreme court
of India on July 22, 2005 held that IPC section 498A
is constitutionally valid law as the same is passed
by legislature with due process. The court has also
asked the legislature to rethink and find the ways
to PLUG THE LOOP HOLES IN THE LAW PASSED BY LEGISLATURE
!
The admission by the court that IPC 498A has the LOOP
HOLES and is being increasingly misused is clear admission
that law itself is BAD IN LAW and does not meet the
test of constitution.
It is not known that the Judgement is comprehensive
and pronounced in light of constitutional guarantees
and other provisions of constitution. This will be
known when detailed
Judgement is available.
It is the constitutional duty of the democratically
constituted government to safeguard the citizens rights
till such time He/She is found guilty after due process
of law.
IPC Section 498A is shamelessly ABUSED by Police and
lower judiciary violating all the constitutional guarantees
promised in the constitution of democratic India.
Entire families are arrested without bail and jailed
at the word of some Mad woman,without any process
of law creating a POLICE STATE.
The constitution of India does not permit any legislation
of DRACONIAN LAWS like 498A which infringes and abuses
the guarantees provided and assured in the constitution.
Gender Equality - Right to live with Dignity - Innocent
until found Guilty - and several other guarantees
are violated by IPC Section 498A. This law is definitely
over riding the constitution of India. as per following
details:-
(1) The constitution of India mandates equality and
the right to live with dignity. This Constitutional
guarantee is overridden by actions taken by Police
by hauling entire herd of family including old, sick,
disabled, dying and pregnant females to jail without
any enquiry or verification at the behest of Daughter-
in - Law for the complaint registered under IPC section
498A at the COP station.
If this is constitutional then Why the Daughter-in-law
(female) should not be similarly booked and Jailed
in compliance of the counter complaint lodged against
her by Mother-in-law and sister-in-law (both females)
till the matter is decided by the court?
Police has no powers to sit on Judgement and decide
that who is wrong and who is right.
If on the complaint of Young Daughter-in law (Female)
Old Mother-in-law and other (Female) members of family
are arrested without Bail then why she should not
be dealt with similarly till the matter is investigated
and sorted out?
LET THE FEMINISTS AND NCW ANSWER !
(2) Gender Justice is built into constitutional guarantees.
In spite of this guarantee in constitution Husband
and his parents are arrested and Jailed without any
Proof of Guilt on a complaint of a female which may
be true or false.This is nothing but Mockery !
(3) The law must be consonance with constitutional
requirements Constitution and International Law mandates
that the Accused is innocent till proved Guilty. But
Indian matrimonial laws make Husbands and their parents
Guilty till they prove themselves innocent. This is
another Mockery of Indian Constitution and International
Law.
The feminists laws should be in consonance with constitutional
guarantees and must not override or defile and deface
the constitution.
All laws should be in consonance with and not violate
of the right to equality and right to live with dignity.The
pro feminists laws negates the rule of law and constitutional
governance.
Any law which violates fundamental rights would be
ultra- virus the constitution. The Issues involve
constitutional guarantees and Human Rights.
( JUDICIALLY INVALID LAW )
If IPC 498A is valid legislature according to Judges
of Indian Supreme court ,then the same is Judicially
invalid law as it is not perfect law, having loop
holes
to be plugged. The conviction rate according to statics
is only 2%.
The Acquittal is 98% in 498A cases. This is sheer
waste of court's time and energy. The Law has completely
failed during last 20 years, inviting only false and
frivolous litigation.
This law has never worked and WILL never work as it
is UN natural and one sided.
This law is kept on statute for the benefit of 2%
litigants bringing Misery and Misfortune to 98% innocent
citizens of democratic India. This is nothing but
mockery !
In the name of JUSTICE and CONSTITUTION it is the
moral duty of the independent Judiciary to not to
take care of situation within the existing framework
as the same is faulty and failure.
The National Human Rights Commission should legitimately
investigate the matter and pronounce its opinion.
Other NGO's also must look into this
matter seriously.
