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Earlier this week television anchor, crime crusader, social activist and filmmaker Suhaib Ilyasi addressed members of the Rajya Sabha pleading for the amendment of Article 498A of the Indian Penal Code which
advises extremely harsh punishments for men accused by their wives for dowry harassment.
Significantly Ilyasi himself was put behind bars ten years ago for the alleged dowry harassment of his wife who died under mysterious circumstances.
Ilyasi is currently helming a film based on his own
experience of harassment under the dowry laws. He is now fighting a prolonged battle for serious amendments in the dowry act. Many of these suggestions are included in the film that Ilyasi has very imaginatively
entitled 498A The Wedding Gift.
On Wednesday June 29 Ilyasi submitted the petition before the Rajya Sabha members, Bhagat Singh Koshiyari (Chairman), Rajiv Shukla (MP), Avinash Pande (MP), Ved Pal Singh Yadav (MP), Ram Vilas Paswan
and P Rajeev.
If Ilyasi's recommendations are accepted the ramifications as far as the laws favouring women in dowry cases would be far-reaching.
Says Ilyasi, "I went through hell when I was booked. But I came out of it, luckily. What about those unfortunate husbands who who wrongly accused by vengeful wives and who spend months and years for crimes they
haven't committed?
Not just the husband even the man's family is subjected humiliation, social ostracization and imprisonment just because a woman wants to teach her husband and his family a lesson. "
Ilyasi did extensive research on this matter. The data that he accumulated about the harassment of the male gender under the dowry-harrasment laws were startling.
Pleads Ilyasi, "During the research and scripting of the film I met hundreds of people who narrated their agony caused by the misuse of Section 498A IPC. After conducting 2 years of extensive research and from my
personal experience of last 10 years, I can fairly conclude that section 498A in its present form is the most abused and misused provision of Law in India. "
Not that Ilyasi is against laws for the protection of women. " India definitely needs strict laws to prevent harassment to women, specifically; laws are required against dowry seekers. We surely need Section 498A to
empower women, however at the same time this Hon'ble committee has to make sure that Section 498A in its present form is not misused for oblique motives.
Statistics on arrests and trials at the end of
year 2008, available with National Crime Records Bureau, show a total of 6, 02, 753 people pending trial out of 8, 22, 293 arrested in 6 years under this law. Number of women arrested were 1, 87, 331 while 6, 34, 962
men were arrested from year 2003 to 2008.
Many amongst them were senior citizens, ailing persons, pregnant women, and children. Apart from civil society organizations (NGOs), several leading
authorities have repeatedly raised concerns about 498A's widespread misuse. Supreme Court, WHO, Law Commission, Malimath Committee on criminal justice reforms, Standing Committee on Home Affairs, CSR,
various High Courts, District Courts, all have acknowledged and condemned misuse of Sec 498A.
False implication in a criminal case, unjustified arrests, innocents suffering the stigma of criminals, loss of
livelihood, social ostracization, and most of all a merciless attack on innocent people's dignity -- all qualify as gross violation of Human Rights.
Despite stipulations by United Nations, as well as Indian
Government's attempt at protecting Human Rights, 5, 00, 000 women were arrested in India in less than 7 years under a law meant for protection of women themselves. Those arrested also included senior citizens,
pregnant women and children.
That subsequent to Supreme Court's proclamation that only legislature has the power to wipe out ignominies of innocents, who suffer the aftermath of a false accusation. "
Monday, July 04, 2011 12:26 IST