498a India S Notorious Section 498a Infamous

By Author: Shaggy Mathers
Total Articles: 4
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It can almost be deemed a crime for women to abuse Indian men with the infamous 498A Penal Code in India.The origin of the this section
makes it criminal for a husband and his relatives to subject a married woman to cruelty, generally leading to events of suicide or grave physical, mental injury to the women.
The problems with the law were the result of a “perfect storm” that was entirely unanticipated when the law was introduced to protect woman in 1983. The elements of the storm included: 


- Extremely vague statutory language. 


- A separate law that prohibited the provision or acceptance of a dowry. 


- A custom giving a bride dowry upon marriage has been difficult to eradicate. 


- A law that may only be used by women against men. 


- A provision that extends criminality to the husband’s allegedly-participating relatives. 


- A police force that is notoriously corrupt. 


- A law that in the past allowed ...
... for the immediate arrest of the husband and members of his family by the police on the basis of a woman's complaint. 


- A provision that the offense was non-bailable. 


- A domestic relations procedure that is extremely cumbersome and in many ways unworkable. 


The U.S State Department has warned Americans that: “Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.” 


Ms. Desai, is a divorce attorney in Orange County, California specializing in working with men who find themselves in a 498a situation. For more information type 498alawyer in Google.