Misuse of 498A – Much Ado About Nothing? – Bikram Jeet Batra

I read this article at Indiatogether titled “Misuse of 498A – Much Ado About Nothing?” written by Bikramjeet Batra, a professed “Legal Officer” for Amnesty International (AI) India. I’ve  pasted a picture of this grinning idiot below:He opposes amending Section 498A of the Indian Penal Code. He says: “Allegations have been made repeatedly that the penal code’s protection against matrimonial cruelty is often abused by women. But no evidence is given to support this claim”.

The fool blithely ignores the the fact that hundreds of thousands of Indians have been arrested on account of this law in violation of  their right to due process. If he is looking for evidence of abuse of this law, here is all the evidence he needs:

His article was criticized and in response to the criticism, he wrote:
Posted by Bikram Jeet Batra on May 24, 2005 11:29 AM
Does Section 498A get abused/ misused? Probably YES. Do other laws get abused/misused? Definitely YES. Why then does the discussion of removal remain restricted to this section alone. There is no law which cannot said to be free of miuse/abuse – false cases of murder, causing hurt etc are filed constantly.If the quantum of abuse if the issue – then there is need for some concerted statistical study – Perhaps co-relating the number of ‘abuse’ 498A complaints with ‘abuse’ cases under other section of the IPC and other laws in India. Such a study does not seem to exist yet. As for the media- one must ask why only abuse of 498A and SC/ST atrocities act makes it to the news-pages. Women’s groups have for long been advocating for a comprehensive Domestic Violence legislation and the campaign appears to be making headway. Such a legislation should reduce the pressure on this maligned section. 498A is not seen as the panacea for all problems yet we must resist attempts by patriarchal forces to water down/ remove this provision – that would be akin to throwing the baby out with the bathwater.”
“Patriarchal forces” ?Does this idiot not understand that 498A is just an extortion racket?
The moron doesn’t seem to be fazed by the arrest of entire families on the basis of an allegation. The unjust arrest of any individual is the violation of that person’s rights. As a”Legal Officer” of AI , he should have been at the forefront of the campaign to amend 498A and put an end to the widespread abuse of fundamental rights, and end its use as a tool for extortion  by corrupt police officers and embittered wives.
As a legal officer, he should have known about the Indian Supreme Court’s judgment, Joginder Kumar Vs State Of UP – 1994, which allows arrests only in the case of violent crimes. and only if warranted. He should have been protesting about the arrests made under Section 498A in violation of the Indian Supreme Court’s orders. Instead he is opposing the amendment to 498A.
This jackass may want to re-read the statute of Amnesty International again–he doesn’t seem to understand it.  I present it here:

VISION AND MISSION

  1. Amnesty International’s vision is of a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. In pursuit of this vision, Amnesty International’s mission is to undertake research and action focused on preventing and ending grave abuses of these rights.

It’s surprising that anyone belonging to Amnesty International, which has sworn to fight for Human Rights around the world, would oppose the amendment of 498A . Unless you are well connected, entire families are arrested by the Indian police in violation og due process right when FIRs are filed under 498A. 

How can Amnesty International condone this duplicity by its Indian “Legal Officer” ?.

Over a 100,000 women have been arrested between 2004 and 2007. Will this “legal officer” of AI have anything to say about this ?

Its time this moron focused on the real issues that fall within the statute of AI than on “Sexy Issues” like abolishing the death penalty in India.

Dim wits like Bikramjeet Batra have no marketable skills and are unable to hack in the world. They just find it easy  to mouth inanities rather than fight the real fight.

It is a waste of my time to dwell any further on the drivel of this nut, but I will leave you with a link which explains why coercive legislation like 498A is ineffective:

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10 Responses to “Misuse of 498A – Much Ado About Nothing? – Bikram Jeet Batra”


  1. 1 sam June 11, 2008 at 6:11 am

    Wow! You have deconstructed the hypocrite.
    Now, he should go back and see himself in the mirror, before he espouses “sexy” causes. He may also do us all a service, how much he gets paid and from what sources to be a champion of “sexy” causes.

    Amnesty International in India is a fraud and must be exposed for its hypocrisy!

    Like

  2. 2 Lata P.M. July 12, 2008 at 2:05 pm

    It is horrible to see how men (not human) are reacting to 498A. I did not see such men reacting when women are burnt and hospitalized, they take last breath without breaking silence, afraid about their children or younger sister’s future. Because they know that people like Batra ( Who are misguiding on the name of international human rights spoke person or some men talking about gender equality) having the same mentality of husbands, who do not afraid to harass women not only for dowry but through mental and physical atrocities. I was working in women’s Centre for 7 years. I have seen most of the women choose 498A as a last option. If there would be a misuse of the law would be done from exceptional cases, ask police to have interrogation. In most of the cases police support men and do not register case, they give protection to men instead of women. In reality if women would decide in the country to come forward and launch complain against the atrocities done in the families, most of the husbands would be behind bars. Because men feel that it is their birth right and natural masculine power to beat women, hold mother in law and daughter in law responsible for family quarrels.The most of the fights, murders, killings about property are done by men in the same family, but never men spoke that men are the enemies of the family, good family framework. Women got this 498A or PDVT act after long struggle. Feminists when they talk to save women from cruelty or violence, the want to save the women as human being, one’s daughter, one’s mother and all the respected relations, she lives in. If men like Batra really want to do justice then come forward in the burning ward, come to the shelter homes, go when the husbands demand for the money, go and investigate why their is killing of girl infants, female foeticide, go and just see why women after so much harassments can not complain against their in-laws, husbands? The women who are coming forward and showing courage to launch the complaints are only 2%. Still this is there is noise made by such men, but without investigation how police could punish and put him behind the bars. If there would not be such law these women who spoke out could be murdered like other silent victims. Let law play it’s role and in this country law gives enough scope to defend. Don’t defeat to the reformers like Jyotiba Phule, Raja Ram Mohan Roy or Maharshi Karve. If you can not become Mahatma, at least be a good human rights activist. Or it would be always questioned that whether women are human or not, are their rights included on human rights? or they are still reproductive machines producing men like Batra, who do not have understanding of humanity.

    Like

  3. 3 Feministmedia July 16, 2008 at 7:30 am

    Wow! Lata – you are the proof that most feminists are short brained creatures.

    I dont know when you feminists will stop this sob-storied sorry farce. Because of dolt heads like you, the female foeticide is going through the roof. Even a blind eddy can see the stupid laws like 498a or pwdva are prone to misuse and such misuse causes real victims of abuse not get the justice they deserve.

    By the way, poor Batra is actually on your side (proof for your intellect) – one reason why we decided to expose this idiot in our blogs.

    Like

  4. 4 havepenwillwrite July 18, 2008 at 7:41 pm

    Guess what? My female side agrees with Lata PMS! As a matter of fact, I believe every estrogen imbalanced pea brain should nod their vacuous cranium in agreement whether or not Lata PMS’s statistics are factual or fictional – synchronized, mechanical nodding would be more dramatic, Bollywood style.

    Nevertheless, here are some statistics that seriously conflict with Lata PMS’s assertions:

    1. “… most of the women choose 498A as a last option”: VERY TRUE. When informal methods at verbal extortion doesn’t seem to be working, or doesn’t seem to be prompting a quick enough return, 92% go the formal route and engage the muscles of the Collection Mercenaries, the local constabulary. [The remaining 8% are applicable to No. 2 below]. Now, of these 92%, 79% have an axe to grind, i.e., either the wifeypoo and/or her “sympathizers” stoop to discover primal self-gratification in stroking their proverbial pestle. For the 21%, it’s simply a “straight, across-the-table” business deal a la Ladies of the Night; nothing personal: “You play – You pay”!

    2. “ … In most of the cases police support men and do not register case.” PARTIALLY TRUE! But it’s NOT because “police support men” (Police support none but their own!). The Police entrepreneurship, recognized and revered for shrewd business practices, analyzes and correctly assesses beforehand the pecuniary merits/demerits of the complaint in terms of anticipated profits. Rumor has it that the old adage, “You can’t squeeze blood from a turnip” originated in a local Thaana. If preliminary shakedown formalities indicate that the accused husband is truly poorer than a church mouse, they release the sorry bastard with a good farewell kicking and move on to more profitable complaints. This makes up for the 8% from No. 1 above.

    You might be curious as to where in hell I came up with these astounding figures. Well, just like Lata PMS, I was also working for 7 delightfully intoxicating years but in Men’s Centers. It is really immaterial that these Centers happened to be sleazy bars overrun by social derelicts who had the misfortune of bestowing honor thru’ holy matrimony on some potentially wayward slut with insidious designs of appropriating the Chambu while Hubby Dearest was busy straining merrily away on the commode!

    You see, with discriminatory gender-specific laws bearing down heavily, as intended, on these miserable schmucks, it becomes increasingly difficult for this new category of criminals to wash away the dirt, stand upright from their cramped Ukkdu squat position, and continue being the honorable, responsible, civic minded, productive citizens they once were.

    Which just affirms the immortal observation of Benjamin Disraeli: “There are lies, damn lies; then there are statistics”. Go figure.

    Get a clue, Lata PMS: You happen to be our mothers, sisters, daughters, teachers, lovers, beauty-filled creations of God, and the inspiration for voluminous poetry since time immemorial! You enable a future for our race (with a tiny contribution from us males)! You seem to be forgetting that men have a fundamental vested interest in the welfare of our virtuous women: If it were not so, the practice of Satti, the traditional test of marital valor, would still be in vogue. Heaven forbid, that would surely imbalance the combatant ratio in this fruitless “gender war”, wouldn’t you say?

    One feels saddened to take notice of the vicious, hate mongering diatribe and unsubstantiated accusations coloring Lata PMS’s harangue. Unfortunately, this is typically the ranting of disillusioned losers with a chip on their shoulder nursing the fallacy that the world owes something to them. And the beneficiaries, almost inevitably, stand to be the profit mongering liaisons.

    Like

  5. 5 Chalam October 28, 2008 at 5:09 pm

    Looks like Lata is one heck of a Feminist who has helped a lot of educated girls and made them as bitches, these Feminists are nothing but Pimps and the 498A girls are bitches. Sooner or later, both Pimps and Bitches get old and end up losing their Life very soon.

    Like

  6. 6 Dipak Kumar Adhikari October 27, 2009 at 12:45 pm

    Dear Sir/Madam,
    We got Married 05/30/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and now they support to me and they told me if necessary then they given command in court and also they given me written about my character. When my wife goes outside form my house near about 18.6 vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter she is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is done 16/10/2009 Barashat court. My next court date is 04/01/2010 Barashat court. Some proof has me about my wife and the boy that they are in illegal relation(Like S.M.S. C.D. Photo). Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti, my mother see 1st time and she arrange my marriage, Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. My wife, she’s family and the boy they are misusing this law. She want to marry to the boy. I don’t file any case about the matter, I take a lawyer his ph. No is: 033 30127001. Now my families all members are destroyed. I don’t know what happened next? Now my wife’s family wants to come my house but I’m not agree. I went to punishment. If possible please help me.
    Thanks
    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan.
    P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
    W.B. India.

    Like

  7. 7 reddy December 16, 2009 at 2:46 pm

    Latha PMS looks like gender biased and the females of India who fight for equal rights should have shame to support 498a.
    The entire world is pissing on the Indian women for their exploitation of 498a section.
    I am a forensic medicine expert and I see so many deaths and investigate and conduct autopsy every day I see so many innosent families are tortured with 498a and 304b sections with absolutly no fault and only to exploit to extract easy money.
    there is lot in the Indian law where Indians has to feel shame for framing such law.
    I want to bring some cases which I have examined and I was realy surprised but can do nothing because of indian stupid law
    the other laws which were exploited for money is 375, 376 (Rape)
    In year 2003 One fine morning police have presented a 7 years old boy in front of me stating that he has raped a 23 year old female, I actualy wanted to kick the police but I am an government servent and I have to examine the boy and isuue a potency certificate.
    In the same year I have receved a requisition from magistrate to examine a case of Rape. she was a 11 year old female and the allegation was that she was raped by a person who is staying near her house nearly 82 days back and for my surprise I have found sperm in her vagina and in the medical history no sperm can be found after 3 days after a sexual intercourse and in rare instances there were reports showing 7 days. so just to extract money they have kept some semen in the vagina and brought the girl for examination but the people dont know that DNA finger print can solve the problem but till the report comes the person is behind the bars.
    99% cases of alligation of rape is fals both the girl and the boy enjoy the sex and when some one come to know the innocent boy is booked under 375.
    our law is so stupid that a girl above 16 years can give valid consent to have sexual intercourse but cannot mary and she can live sexual life till 18 years and marrye once she becomes 18 years this itself shows indian law is fucked off. If posible run away from this countrie.

    Like

    • 8 Harish HS December 17, 2009 at 11:23 am

      Dear freind,

      when she wants to get marry him and having proof for illegal relationship nd if you can proove that you will get divorce easily by giving lesser maintainance. but dont give divorce and kill her for life time so that she must not stay with you or should not get another marry. If you are right and you have not taken any dowry you proove that you are innocent and get another marry. enjoy life

      All the best

      Thanks and regards
      Harish HS

      Like

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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