A
desperate band of men, who claim to be victims of dowry laws, hang out
together, fighting legal battles and helping each other in this
‘pro-women legal world’
The promises made in the dark and gloomy prison cells last for a long
time. Hardcore criminals make professional pacts with the kids locked
up for picking pockets. And the bond is stronger if the men are
innocent. Slurping a cup of pale tea while evading the prying eyes of
hardened killers, or being heckled by petty thieves while standing in
queue for lunch, such men often wonder: what am I doing in this place?
The days somehow crawl and pass off. But, when night darkens the
stinking cells and dirty corridors and the warders begin to beat their
wooden sticks against the metal bars, such ‘innocent’ men are gripped
by panic. They share their grief with other such men. The stories are
always similar: “I had a life, a good job, a happy family and some
dreams. Now it’s a life of minuses: jobless, penniless and hopeless.”
Many of them have one more thing in common: They all have been done in
by the accusing finger of a woman - their wife, actually - for
“harassing her for dowry”.
Enter section 498A of the Indian Penal Code. A woman files an FIR. The
man goes to jail. There is no bail. He thinks he is guilty by
suspicion. And there is no chance of proving his innocence because the
law is “pro-women”. The accusation is enough to prove his guilt.
So, when such men - accused of harassing their wives for dowry - meet,
they spit fire on 498A. They are not so angry with the women who put
them in such terrible position, but they are at war with the law which
fails “to distinguish between real and fake cases of harassment for
dowry”.
Sitting under a tree with their lawyers just outside the court or
pushing a wad of currency notes into the hands of an officer in a dank
police station or talking to each other in hushed tones in murky jails,
their tongues turn venomous against 498A: “It’s a marriage splitter;
it’s been made to harass the innocent; and this is legal terrorism.”
There is nothing new about the instances of abuse of the dowry
harassment law. It has already become a pan-Indian phenomenon. Even the
judiciary, including the Supreme Court, has cautioned against the
misuse of the anti-dowry Act. But there are new fears now. With a new
anti-dowry law - with harsher punishment - on the anvil, the men who
claim to be victims of 498A are already getting nervous. They think
their hopeless situation may now sink into an endless abyss.
The worries are written clearly on their faces. Many of them meet every
week in Delhi’s Patiala House court premises. They discuss their
stories. They all have something horrible to tell - stories of
disintegration. Amit Kumar had a flourishing business. And then his
wife slapped a dowry case on her family. He, his mother and sisters
spent weeks in jail. Now he spends time with his lawyer trying “to get
out of this mess”. Suraj Prakash lost his job, money and his father
within a month of his wife taking him to court. Azam Shaikh’s story is
almost the same. So is Kevin D’souza’s.
Now, they are members of a group called Save Indian Family Foundation
(SIFF), which fights for the rights of men “falsely implicated in dowry
cases”. “If the government makes it a bailable offence, half the
problems will be solved automatically,” says Rakesh K Lakra who
represents many SIFF members. “Women file fake cases to take money from
their husbands and get out of marriage,” says Lakra, with an air of
authority on marital issues. He looks determined to help his “innocent
clients”.
Almost all of these men are educated, many of them English-speaking
professionals working with good firms. A good number of them work and
live abroad. And many of them have been born and brought up many shores
away from India. Now they are all in the same boat, “fighting the
draconian law” from different platforms. There is a Men’s Cell whose
signboards hang on the central verge at traffic junctions in Delhi,
asking a direct question: “Are you being harassed by your wife?” And
offering the solution: “Contact the Men’s Cell”. A group of victims in
the US set up 498a.org in 2006 to fight the “pro-women laws”. In its
first month, the website had 100,000 hits. There are groups and
helplines, offering help and sharing tragic tales.
The stories have similar beginnings and endings: “She didn’t like my
parents, she didn’t cook, she was always bossy, she ignored me, she
already had a lover, she didn’t want kids, she wanted to run away, she
wanted my money... she filed a fake case”. For some reason the problem
always begins with a small thing: a burnt toast, a leaking tap, a sharp
taunt or a tight slap. And then she files a fake case. In all these
stories - told in first person and posted on the Net - the women are
always scheming sluts who are protected by the law for some strange
reason. In all these stories, dowry is almost a myth.
But in India and wherever Indians live, dowry is not a myth. It’s a
fact of life. It’s a curse. It takes life. It ruins families. Every
year, thousands of women are done to death - burnt alive for a big car,
hacked to pieces for cash and jewellery, thrown from a running train
for a colour TV and pushed into a river for a bicycle. There are
millions of stories - told, hushed up and muffled - of women being
tortured for dowry. It’s also a fact that domestic violence against
women is on the rise. That’s why there is a law to check it. But it has
failed to do so. And, in many cases, it’s being misused.
Some women seem to have learnt a few lessons from men on how to extort
money. Trapped in bad marriages or married against their will, they use
498A to get out of it with some money in their purse. This is
subversion of the law meant to protect women from harassment. Now, with
the new anti-dowry law being proposed, all eyes are on 498A. The women
would like the law to be harsher. The dowry seekers would like it to be
scrapped. Innocent victims of 498A would like it to be “balanced and
reasonable”. And the lawyers and policemen would want a bigger mess, as
they are the biggest beneficiaries in this battle of the sexes.
(Some names have been changed)
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Times Internet Limited. All rights reserved. For reprint rights: Times
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498A: A Shield, Not A
Weapon
* Section 498A was inserted into the
Indian penal code in 1983. It says: Whoever, being the husband or the
relative of the husband of a woman, subjects such woman to cruelty
shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine
* In practice, cruelty is taken to include the demand for dowry. This
section is non-bailable, non-compoundable (complaint that can’t be
quashed) and cognisable (arrests without investigation or warrants) on
a report from a woman or close relative. Another example of a
cognisable law was the Prevention of Terrorist Activities Act (POTA)
* On July 20, 2005, two Supreme Court judges, Justices Arijit Pasayat
and H K Seema, declared Section 498a to be “constitutional”, while
warning against its misuse, leading to ‘‘legal terrorism’’. ‘‘Dowry law
is a shield, not an assassin’s weapon,’’ they said
* After several reports of the abuse involving US-based bridegrooms,
the US Department of State published a warning in 2005: A number of US
citizen men who have come to India to marry Indian nationals have been
arrested and charged with crimes related to dowry extraction. Many of
the charges stem from the US citizen’s inability to provide an
immigrant visa for his prospective spouse to travel immediately to the
US
The courts sometimes order the US citizen to pay large sums of money to
his spouse in exchange for the dismissal of charges. The courts
normally confiscate his passport, and he must remain in India until the
case is settled
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