Posts Tagged ‘marrying’

SHOAIB – A celebrity succumbed to false 498a

April 8, 2010

 Shoaib-Sania episode once again highlighted the very much debated (in low voices) the misuse of 498a in India and how gender biased this law is? The 498a, in this case has crossed the international boundaries and acclaimed the world attention. Even a celebrity who was available with all resources succumbed to 498a pressure in just 48 hours that is even when he and only he(not anyone of his family members were involved, which is contrary to maximum of 498a cases) was slapped with it. The questions in everyone’s mind left after this drama is :

How powerful this 498a is? and

How easily(on mere allegations by a wife), one spouse can dictate her terms on other spouse and extort huge amount(15 Crores -Refer Mid-Day report “Ayesha’s big problem” )?

When Celebrity can be subjected to such a pressure under 498a, what an innocent and poor or middle class husband living in a joint family goes through when he is slapped with a false 498a?

The 498a has been exposed in several ways to thinking minds:

Is a gender biased law.

• Marrying Indian girl is a criminal offence.

• No need to prove even marriage

• Place of marriage solemnized or registered does not matter.

• Recognizes no nationality-can be filed on a person of any nationality

• Knows no limitation period – can be filed by wife any years after leaving separately from husband

• Husband is guilty till proven innocent.

• Arrest threat is a great pressure to bring anyone to knees may be high rated celebrity.

• Open extortion in the name of settlement.

• Unilateral support & sympathy from police, government, media & society.

• Good legal tool in the hands of wives to extort money (as per her wish) from hubby without much of efforts.

• Risk & fear free terrorism can be inflicted on husband without even show her face.

I think these observations were the compelling reasons for Hon’ble Supreme Court of India to declare 498A as a “legal Terrorism”.

But then why the Indian legislature is sleeping?

The answer – May be waiting 498a to hit the doors of their own homes

From above, it can be safely concluded that it is a doctrine law in the category of TADA & POTA in India which are framed to curb terrorists.

I again left you with few questions :

“Do husbands (the biggest contributor to Indian economy) in INDIA are equitable to Terrorists” ?

“Is marrying an Indian girl is a criminal offence”?

MERA BHARAT MAHAN !