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Friday, December 23, 2005

The Great Indian Gender Dilemma: How Can a Wife press false charges on her Husband(Pathi Parameshwar- as considered in India)

Many times during my interactions with my readers(blogs and homepage depicting different fronts of legal misuse by wives), I find them awe-struck, dumb-found, bewildered if not down right suspicious or skeptical. They inform me that they cannot believe in their wildest imagination that an Indian wife(stereotypically considered to be the personification of Mother Earth- who tolerates and forgives any indolence and injustice towards her) can inflict acute harm to her marital family this way. They ask me; leave alone framing false charges and cases, they can't even think of women who would actually enjoy the hapless(that's what those Lady Macbeths hope their husbands would be reduced to, in face of false 498a cases against them) husbands being sent to Jail or hiding from law till bail is arranged.

I have also thought about my wife this way, in dismay, initially when she filed the charges which were down right false and crass to the core(she accused me of trying to set my baby girl on fire!, may be its lawyers craft, but ultimately its her who approved and signed these representations to the court). As time went by I realised that there are some people who can just blank out any soft emotions that may be left in them towards a soul-mate, when ego and aggression takes over and when hormones run riot, and as predatory instincts kicks in and rules the roost, throughout further ahead during the entire legal battle(or proxy war, since the girl is using the entire government machinery against the husband).

So why do some unscrupulous wives misuse the law (IPC 498a)Â….

Firstly to harass the husband, and may be to for monetary gains. One may wonder as to where exactly is the harassment when only 2% is usually convicted in case 498a cases in total. The point here is that the Indian legal process itself is a punishment in itself, especially when it lingers on aimlessly for 5-10 years!, after the harsh period of police investigations ( institutionalised blackmail to be frank).

The Indian legal system is a harassment in itself to the general public, though we are trying to see courts as our 'parks' and litigation as 'small talk', so that we ourselves do not fall into the self-destructive vortex as the wasteful trials and adjournments and other self-defeating legal processes stretch out, without any sign of closure- while life is kept in abeyance (can't restart a family, can't relocate easily, can't be free from time waste, etc.)

How can a lot of wives use badly 498a law? When it's a fact that misusing wives will lose cases anyway

Since there is no legal repercussions if wife is found to be fabricating a false 498a charge, wives use this almost by default even if they want a divorce for some other reason(other than harassment, cruelty or because of the husband demanding dowry). And even if they lose the case, thereÂ’s nothing for them to actually lose, as she gets a lawyer from the state (public prosecutor), she doesn't have to appear other than for her statements during trail (2-3 sessions, as opposed to the innumerable court sessions through which the accused husband & family has to go through, over the 5 to 10 years when the case is live). This no-lose situation is what makes the law-misusing wife confident of inflicting damages to her husband, by misusing Indian legal system, without any harm to her whatsoever.

Moreover in this particular criminal section of 498a, the accused is considered Guilty until proven innocent (the onus of proof is on the accused, since he is considered guilty right from the start), while in all other criminal cases, be it murder (in almost all the countries in the world) the accused is considered innocent until proven Guilty (so that the law can ensure even if hundreds of Guilty escapes/acquitted, no innocent should be punished/convicted).

So here is the case of the missing link in Evolution..... when Homo Erectus evolved to Homo Sapien(Man as known today) some section remained part Homo eructus, retaining the extreme predatory instincts of destroying whatever is objectionable.... that section of women are our modern "498a Girls". They have traded-in flower power for Fire-power, extreme need for speed indeed!.

Can't believe it......... Believe it

Cruising Deeper soon


Jinesh Zaveri said...

Well Everytime I said this to my male friends that believe it or not, they showed their attitude of distrust as the benefit of doubt was clearly with the 'apparently' innocent creature.

They will believe only once they get married.

Where as everytime I discuss this with out right honest ladies, they readily agreed about possibility of such a thing to happen.
Why? I wonder and they answer with a regretting smile that "Only women know what they are capable of."

Anonymous said...

Nice analysis of women who file 498A.