statistics of ipc 498a kolkata 2011

7/28/2019 Statistics of IPC 498a Kolkata 2011

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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 suchwoman 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-bai lable(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Non-compoundable(complaint cant be withdrawn) and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 t ime

arrest happens before investigation).

WHY IPC 498A IS SO POTENT?

IPC 498A is so potent since it is a cognizable offence. In our country unfortunatelywhenever an FIR of a cognizable offence is lodged the police immediately goes to arrestthe 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 ofhis family members is beyond description and no amount of money compensation canbring back the valuable years of the innocent accused. The damage inflicted by unlawfuldetention is massive and ruthless. It bleeds the soul of the victim and may occasion theloss 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 usedby unscrupulous daughter-in-laws, police, and lawyers for extortion of innocent peopleincluding 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 largescale elder abuse .The reason why the law hurts this segment of society are:-

Aged parents, after struggling lifelong and after discharging various duties andresponsibilities such as education of the children, house and marriage of the childrenwants a peaceful life in the old age. But as is found by various research reports byvarious NGOs across India, they suffer the most in case the marriage of their son anddaughter-in-law ends in dispute. Under the dreaded and dangerous IPC 498A,the elderlyparents of the husband are immediately arrested and sent to prison, just on a writtenfalse 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 andafter running after the court for many years are acquitted. Such acquittal is meaninglessas over the years these aged parents go through depression, disease, harassment,humiliation, torture etc. Many of them die premature deaths unable to face humiliationand 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 theDomestic Violence Act, if a daughter-in-law gives a complaint to the magistrate then theentire family of the husband including his aged old parents is thrown out from the houseand is forced to stay away from their own house which they had built after years ofstruggle with their lifelong savings. In the name of protecting a young married wifesenior citizens are abused and are humiliated by a system which is insensitive to theneeds of elderly people.

Unlike the Western countries where there are shelter homes provided by government, inIndia 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 aperson 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-in-law considers age old parents of her husband a burden on her, as she needs to takecare 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 toold age home.

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

Elderly Citizens are subjected to verbal and mental abuse by daughter-in-laws. Theyhave 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.

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)

0

1000

2000

3000

4000

5000

6000

7000

8000

9000

2000 2002 2004 2006 2008 2010 2012

TRIED

CONVICTED


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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

statistics of ipc 498a kolkata 2011

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