Women have been oppressed for centuries , there is no denial in this fact. They have suffered through a lot throughout the history . They faced "Sati-Pratha" which according me was the most inhuman practice ever. They were not given right to vote till late 19 th century, even today in some countries like Kenya, Oman , It is still difficult for women to vote . Even now-a-days, their sufferings have not been completely vanished. They are still loads of cases of “rape” ,"domestic violence", “child marriage”, “female feticide”, "dowry". In the 21st century we are still experiencing cases like “Nirbhaya case”, “Case In Hatras” and many unknown , non-reported similar cases .
Government has made many efforts, many laws to provide women a shield to defend themselves one of which ,which according to many is proved to be a blade instead , is 498-A .
The major flaw in 498-A is its statement. What does any injury means (whether physical or mental ) ? It's easy to see a physical injury and it's proof can be medical certificates and bills , but what about mental injury ? How do you proof it ? There is no other way than to trust the woman that she is being mentally abused. Suppose your wife likes RCB and you like Mumbai Indian , and you tell her that her team has never won an IPL , she could , in theory , accuse you of mental abuse .
If you trust a woman only based on her tongue , then why don't the law trust the man and its accused family that they are innocent .
Well , If you are trapped in case of 498-A you are doomed .. here is why?
Nature of offence under 498-A:-
Non Bailable:- If you decide to fight against the false case of 498-A without making any settlement(which usually involves giving a percentage of your assets to your supposedly victim wife) be prepared to spent years in a cell as it's an non bailable offence .However, court can grant bail under certain circumstances
Non-Compoundable :- Sometimes cases are filed just to get money out of your hand and if you decide not to make a settlement and fight , your partner has no choice to withdraw the case , so she will keep you in jail as she can't withdraw the case .
Cognizable :-The police will bound to arrest you , its not like a case of chain snatch which police will not even look into .
Continuation in the next part stay tuned …
