Friday, April 23, 2010

The case of Shoaib Malik and Ayesha Siddiqui

The case of Shoaib Malik and Ayesha Siddiqui has hogged much limelight in newspapers and on news channels. When Ayesha lodged the complaint against Shoaib under 498A, Shoaib accepted all of her demands and agreed to a divorce. It has also been reported that Shoaib allegedly paid Rs 15 crore as compensation to Ayesha Siddiqui to reach the settlement. However, this does not mean that exploitation and abuse of women for dowry has stopped. The reality is that most women who fall prey to demands of dowry do not dare to go to court. Most of those who go to court misuse the Act. Dr Anupama, chairperson of Mothers and Sisters Initiative (MASI, an organisation of mothers-in-law and sisters-in-law), tells TSI, “It is the police and the advocates who are more responsible for the misuse of the Act. Section 498A has become a big source of income for advocates, judges and the police. Police and advocates instigate wives to lodge complaints. Once a complaint is lodged, the husband’s family completely comes in the grip of police and advocates and they take undue advantage. Recently we conducted a survey in the courts of Delhi in which we found that one-third of the cases of bail everyday are related to 498A.”

Husbands, mothers-in-law and sisters-in-law, who have been wronged, have formed several organisations to fight the injustice meted out to them. Husbands have even started celebrating December 19 as Husband’s Day. They meet at specific places in their respective cities to share their stories of grief and harasment. As per NCRB statistics, more than 40 per cent of cases lodged against women are related to 498A.

Even legal experts are of the view that laws framed in India for the benefit of women are so impractical and biased that their misuse becomes a certainty. Sandeep Bhartia of the Gender Human Rights Society says, “The committees which frame such laws face tremendous pressure from feminist lobbies.” Founder member of Save India Family Foundation, Gurdarshan Singh, says, “Only one provision should be added to 498A that if a girl is found guilty of lodging a false case she will be punished. This will act as a deterrent against misuse.”

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Source :
IIPM Editorial, 2009


An IIPM and Professor Arindam Chaudhuri (Renowned Management Guru and Economist) Initiative

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