IPC 498A IN KOLKATA- A STATISTICAL ANALYSIS

BY-AMARTYA TALUKDAR

ALL DATA BASED ON NCRB DATA 2011

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Contents
WHAT IS IPC 498A ................................................................................................................................... 3 WHY IPC 498A IS SO POTENT? ................................................................................................................ 3 IPC 498A AND CORRUPTION OF POLICE FORCE IN INDIA ....................................................................... 3 IPC 498A AND ABUSE OF SENIOR CITIZENS ............................................................................................ 4 INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER CITIES IN INDIA ............................................. 6 INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER DISTRICTS IN WEST BENGAL ......................... 6 INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER HENIOUS CRIMES.......................................... 7 INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER CRIMES AGAINST WOMEN ........................... 7 IS DOWRY A PROBLEM IN WEST BENGAL? STATISTIC SPEAKS ............................................................... 8 CONVICTION RATE .................................................................................................................................. 8 SUCIDE IN KOLKATA BASED ON MARITAL STATUS ................................................................................. 9 HEAR THE VICTIMS OF 498A ................................................................................................................. 10

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WHAT IS IPC 498A

Indian Penal Code, 498A, is a criminal law (not a civil law) which is defined as follows, Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, on-compoundable and non-bailable. This section is:Non-bailable (you have to appear in court and get bail from the judge), Non-compoundable (complaint cant be withdrawn) and Cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation).

WHY IPC 498A IS SO POTENT?

IPC 498A is so potent since it is a cognizable offence. In our country unfortunately whenever an FIR of a cognizable offence is lodged the police immediately goes to arrest the accused. In case of IPC 498A also the police on mere complain and without any investigation, arrests the entire family. The trauma and agony of an accused under-trial prisoner and of his family members is beyond description and no amount of money compensation can bring back the valuable years of the innocent accused. The damage inflicted by unlawful detention is massive and ruthless. It bleeds the soul of the victim and may occasion the loss of livelihood of a family resulting in trap of ugly poverty. Hence the family is willing to cough any amount of money to avoid arrest. This is used by unscrupulous daughter-in-laws, police, and lawyers for extortion of innocent people including Senior Citizens.

IPC 498A AND CORRUPTION OF POLICE FORCE IN INDIA

The Police force in India is known for all the wrong reasons- inefficiency, high handedness, brutality, corruption and being politicized. It is an instrument of colonial oppression and it has failed to transform itself into an instrument of delivery of criminal justice system. Hence lawmakers erred when they enacted IPC498A and made household dispute a subject of criminal justice system.

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One thing that terrorizes the most to a common man is fear of highhandedness of police who has presumably unbridled power to detain any person. The National Police Commission in its Third Report and the Law Commission in Oct 2000 on Law of Arrest have both identified indiscriminate arrests by Police in India is the chief source of Corruption in the Police.

A look at NCRB 2011 statistics from West Bengals shows that the IPC 498A cases constitute bulk of the cases registered by the Police. The chief reason is that IPC 498A is a convenient tool for milking innocent citizens especially The middle class .

IPC 498A AND ABUSE OF SENIOR CITIZENS

IPC 498A is chief tool for legal abuse of senior citizens. IPC 498A has brought in large scale elder abuse .The reason why the law hurts this segment of society are:Aged parents, after struggling lifelong and after discharging various duties and responsibilities such as education of the children, house and marriage of the children wants a peaceful life in the old age. But as is found by various research reports by various NGOs across India, they suffer the most in case the marriage of their son and daughter-in-law ends in dispute. Under the dreaded and dangerous IPC 498A,the elderly parents of the husband are immediately arrested and sent to prison, just on a written false complaint of the daughter-in-law. After a struggling life the elderly parents have to undergo the harrowing and humiliating experience of prison and police station.

Apart from undergoing humiliation and harassment in the police station, courts etc and after running after the court for many years are acquitted. Such acquittal is meaningless as over the years these aged parents go through depression, disease, harassment, humiliation, torture etc. Many of them die premature deaths unable to face humiliation and harassment.

Along with IPC 498A, Domestic Violence Act also has become a cause of worry for the innocent elders on whom false cases under these laws are being booked. Under the Domestic Violence Act, if a daughter-in-law gives a complaint to the magistrate then the entire family of the husband including his aged old parents is thrown out from the house and is forced to stay away from their own house which they had built after years of struggle with their lifelong savings. In the name of protecting a young married wife senior citizens are abused and are humiliated by a system which is insensitive to the needs of elderly people.

Unlike the Western countries where there are shelter homes provided by government, in India such aged, elderly parents have to depend upon their son and daughter-in-law for their survival, medical treatment and care etc. This is also a fact of the life that once a person cross 50+ they suffer from various ailments for which they need extra care,
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affection treatment extra etc. A modern, young, well educated and working daughter-inlaw considers age old parents of her husband a burden on her, as she needs to take care of them and also because she considers them an inhibition on her freedom to life. IPC 498A is convenient tool for throwing elderly form their house and sending them to old age home.

The Elderly require Geriatric and health care. IPC 498A deprives them of healthcare by diverting huge financial resources towards legal expenses.

Elderly Citizens are subjected to verbal and mental abuse by daughter-in-laws. They have to put with it so that their sons are not booked falsely under IPC498A.

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INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER CITIES IN INDIA

INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER DISTRICTS IN WEST BENGAL

CONCLUSION:-SINCE IPC 498A IS DONE FOR MONEY POORER DISTRICTS HAVE MORE INCIDENCE OF IPC 498A THAN KOLKATA. THE HIGHEST IS MURSHIDABAD WHERE POVERTY AND GULF MONEY IS RESPONSIBLE FOR MOST IPC 498A INCIDENTS.

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INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER HENIOUS CRIMES.

CONCLUSION:- IPC 498A IS CLOGGING OUR CRIMINAL JUSTICE SYSTEM. SINCE IT IS EASY TO FLEECE THE MIDDLE CLASS, A CORRUPT POLICE SYSTEM IS REGISTERING MORE IPC 498A CASES THAN OTHER IPC CASES.

INCIDENCE OF IPC 498A IN COMPARISION WITH OTHER CRIMES AGAINST WOMEN

CONCLUSION: - ONLY LIP SERVICE IS PAID TO WOMENS WELFARE. THE REAL REASON FOR FILING IPC 498A CASES IS MONEY.

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IS DOWRY A PROBLEM IN WEST BENGAL? STATISTIC SPEAKS

CONCLUSION:-DOWRY IS NEVER A PROBLEM. EVEN SO CALLED DOWRY DEATH IS PLAIN SUICIDE .

CONVICTION RATE
DECLINING CONVICTION RATE SHOWS THAT MISUSE OF IPC 498A IS INCREASING OVER THE YEARS.
9000 8000 7000 6000 5000 TRIED 4000 3000 2000 1000 0 2000 CONVICTED

2002

2004

2006

2008

2010

2012

WITH CONVICTION RATE OF-6.5% IT NEED NOT BE SAID THAT MOST OF THEM ARE FALSE. (THE CONVICTION RATE IS FOR WEST-BENGAL , CONVICTION RATE FOR KOLKATA IS NOT AVAILABLE) Page 8 of 10

SUCIDE IN KOLKATA BASED ON MARITAL STATUS

MORE MARRIED MEN ARE COMMITING SUCIDE BUT THERE IS NO LAW TO PROTECT THEM.

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HEAR THE VICTIMS OF 498A

Visit http://vimeo.com/savebengalifamily/videos

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