For tormented hubbies, how to survive IPC 498A

Priced at Rs 51, the book brought out by a group of NGOS for men helps husbands hit back at spouses who make false charges of dowry harassment, domestic abuse and  blackmail

NEW DELHI: What would you do if the police were to knock on your door in the middle of the night after your angry wife has filed a false dowry harassment and domestic violence case against you?

Don’t panic. And do not look to the cops for help either. Instead, delay things. Sit on the potty, compose yourself. Call your lawyer. And the neighbours as witness - there have been instances where neighbours have convinced police to leave without making an arrest. Record your conversation with police on mobile phone etc.

Keep your wits about you and don’t go with the cops to police station on a Friday - as the next two days being holidays means you won’t get bail till Monday. Then read Wrong gender biased law/ a guide on how to survive 498A.

Brought out by a group of non-government organisations (NGO) for men, the book, the first of its kind in India will help husbands know how  to handle Indian Penal Code 498A, a law which has, of late,  been allegedly misused by angry spouses to settle scores with  husbands and in-laws. The book will help men deal with false allegations, court cases and arrests. It will be available on stands for Rs51.

Section 498A of India Penal Code came into existence to combat domestic violence and protect women from dowry harassment. For those convicted, it is a cognisable, non-bailable and non-compoundable offence for cruelty filed along with Dowry Prohibition Act.

However,  men are crying foul over the misuse of this law and are campaigning to prevent its misuse. Under the aegis of the Gender Human Rights Society, organisations like 498A.org, Rakshak, Save Family Foundation, My Nation, Mothers and Sisters Initiative (MASI) etc, have made representations before the Law Commission, ministries and other fora to voice their concerns. They now plan to file a PIL in the Supreme Court.

“Through a Right to Information application, we discovered that approximately 58,000 498A cases are filed each year and more than a lakh people get arrested in false cases. Every four minutes, one man is falsely accused of dowry harassment. And every 2.4 hours, one senior citizen is falsely accused of dowry demands,” said Sandeep Bhatia, president of Gender Human Rights Society.

“The purpose of the book is  to enable men to have the information and the necessary tools to protect themselves and  family from legal terrorism. This document and the supporting material in the form of judgments/ links/ articles will enable him to fight this extortion racket known as Section 498A of the Indian Penal Code,” said Mahesh Tiwari, a Supreme Court lawyer who is also part of the campaign. The book also contains suggestions on retaliatory measures a husband and his family can take in case they are charged with false allegations.

“Filing a false case is an act of cruelty and  hence, a strong ground for divorce. But before that, if  a husband anticipates a situation where his wife or in-laws can frame him,  he should immediately file a complaint in police against threat, abuse or blackmail he faces from his wife or her  family. Women members of the family too should lodge a complaint before National Commission for Women to bring pressure to bear on the wife. But most importantly, file a case under IPC section 182 for perjury and criminal defamation,” Tiwari recommends.

And if at all you are arrested then: “Throw the rule book at their face. Make all sort of demands. Don’t co-operate and be non-confrontational while asserting your rights. Be stubborn. Whether you are guilty or not is for the trial court to decide,” the book says.