IN-LAWS- NOT ALWAYS THE OUT-LAWS

I am not too convinced whether I am doing the right thing by writing this piece. My mind and my heart are in conflict over this issue. My heart wants me to go ahead writing while my mind is screaming that I stop here and now. But then Palmistry says that if the head line and the heart line are merged at their origin on any hand then the heart always dominates the head, and in my palm, these two are very much one at their origin hence I have always followed my heart. Here too I will, not just because my heart wants it but also because I genuinely feel this is a topic that deserves urgent attention of our society.

The reasons behind my mind advocating restrain are many. First and foremost this matter is sub-judice. From Asansol to Kolkata to Kalimpong, this matter is being rebounded from one court to the other. The Second reason my mind is advising restrain is because of the fact that the women’s lib brigade may interpret this article in a way I did not mean to write. Hell has no fury like a woman scorned.. I sure don’t want any “panga” with them. The third reason of course is because of the fact that this matter is too personal for me and in my sixteen years of writing I have by rule avoided the temptation to write on personal subjects. But then what makes me continue writing is the fact that what is personal to me today may affect you tomorrow. Since I have always written on subjects that affect you, its best that I write today than writing after you have already fallen victim to it.

The subject that I am writing on is Section 498(A) of the Indian Penal Code or rather the misuse of this Section by a handful of unscrupulous people. Dowry has been probably the biggest social ill in the Indian Society for long. Countless women in India have become victim of this social woe. A stringent law was required to put an end to this and the law makers of our country did a wonderful job by coming up with this piece of legislation which looked severe enough to deter greed amongst dowry seekers. Women across the country felt safer and more confident entering the institution called marriage. Thousands of lives and lakhs of marriages were saved.

But sadly even before the euphoria over the introduction of this seemingly wonderful law could die down, the devil started baring its fangs. What looked like the angel turned out to become a devil in the hands of people driven by greed and ulterior motives. What was envisaged by the law makers to protect victims of the monster called Dowry is increasing seeming like the sword of Damocles over the families seeking brides in this country of ours.

Why? Well simply because Section 498A is the most vicious weapon in the hands of those who decide to be vindictive. Under the Dowry Prohibition Act, the wife, relative of the victim or a welfare organisation could lodge a complaint against the husband and his family. This could put the family behind bars for 15 days. The burden of proving his innocence is on the accused. In an ego-shattering exercise, “harassed husbands” are out “demanding justice”. Their main enemy is not the wife, not her greedy parents or conniving relatives. It is the legally recognized, constitutionally valid “monster” called Section 498A, IPC. No investigation or warrant is needed before arrest and start of proceedings since the crime u/s 498A is cognizable and there is no punishment if the complaint is proved false - two major reasons why 498A is used as a pressure-tactic.

498A is a handy tool for shady practices, men argue. Among them are [1] Pre-marital affairs. Marry the guy of parents’ choice, dissolve the marriage, collect funds and marry the old flame. [2] Extra marital relationship. [3] Extortion, serially, one marriage after another. [4] To alienate husband from his responsibilities toward his old and dependent parents [5] To obtain a favourable divorce settlement [6] To wrest child custody from the husband.

The matter has become such that even the Courts in India are now calling it legal terrorism and calling for reforms in the Act. The reasons could broadly be stated as under.

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights.

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children.

4 Accused is presumed guilty until proven innocent. No where in the world it is so.

5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'?

6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple.

7 After a man is accused of 498A, he will not take his wife back later.

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives.

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands.

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family.

12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case.

13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused.

14 Old parents after 498a case become very apprehensive and advice their son not to marry again.

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health.

16 Most often the lawyers tend to take the family for a ride to extract as much money as possible.

17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint.

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded.

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman.

20 Some women marries an NRI and slaps a 498A case only to extort large sum of money

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation.

22 The case can easily linger in the court for years and only the groom’s family has to pay the price.

23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance.

24 There is no prohibition clause in the 498A law that would stop women to misuse it.

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

Now, before anyone accuses me of being biased against this Section of the IPC let me quickly say that I have always believed that this was one of the best legislation enacted against abuse against women in India. Dowry had for long been the bane of our society. Those demanding it surely need to be behind bars for the rest of their lives. Nothing can justify or defend their actions. For me asking for Dowry and Sati are the two most repulsing features that the Hindu Society of yesteryears had. I support the most severe punishment available under our laws for perpetuators of these crimes but the law needs to have checks and balances so that only the guilt are punished while the innocent are weeded out.

And now before I conclude I need to share the reason why this Editorial is about Section 498(A) and its abuses. The reason being that I myself have been a victim of this.. I have spent seven days in Jail in the mosquito infested Correctional Center in Asansol just because a relative accused me and my family of having demanded dowry.

 

HITLER DIDI-the U turn queen

I am not too big a fan of the idiot box-sitting long hours opposite a TV, shedding tears over the idiotic saas-bhahu humbug is just not my idea of entertainment. But yes, once in a while I do randomly flip through channels to see if there is something interesting on air. But more than often, the only show that I find worth watching after flipping through 117 channels available on my Tata Sky is WWE (World Wrestling Entertainment). I kind of love watching the funny looking over sized men (Being the Goody-goody types, I hurriedly change channels whenever the Divas, women wrestlers, come on screen) who act like spoilt kids trying to make the audience laugh at a school concert. Yes I know, its all idiotic but it does come from a box aptly named the idiot box.

A few days back while I was flipping through channels in between a contest featuring John Cena and Kane (it was supposed to be an ambulance match where the looser had to be packed off into the back of an ambulance), the title of a daily serial caught my eye which made me realize that it would be the best title for this particular article that I had been thinking of writing then. The title of that serial was “Hitler Didi”

Somehow this title is apt for this article when you consider this piece is being based on the impulsive, explosive, fiery and extremely unpredictable Chief Minister of West Bengal, Miss Mamata Banerjee.

Ever since she began her political career as the angry young women of Bengal politics, as the leader of the youth congress, she has been more popularly known as “Didi” – now that she is the boss of this beleaguered state, power seems to have gone to her head and now she appears to behave more like Hitler than beloved Didi she earlier was.

Banerjee, the much loved Didi before becoming the chief minister is now just the opposite of what she was earlier. Her words and actions today, as the Chief Minister seems to be just the opposite of what they were before she was crowned the empress of Bengal. The U – turn that she has taken have been of epic proportions. The same Miss Banerjee while in the  opposition had spear headed many a agitations leading to general strikes ( most of which ended up violent, leading to deaths and injuries) but now with her on the hot seat the same Miss Banerjee is now an advocate against bandhs, sermonizing that they do more bad than good. This changed stance may win her some brownie points with the Corporate World but this sudden change has certainly not gone unnoticed by the General Public and the Press. It shows her principles as being flexible hence rendering her reliability as suspect.  Threatening Government servicemen with “ break in service” in case of being on leave on the day the Left trade unions called a strike on 28^th of February certainly has not gone down well with the state government employees, hundreds of whom  had to rent hotel rooms or arrange for other accommodation just to be present in “office” during the strike. This was Didi being considerate towards her beloved brothers and sisters.

Didi’s U-turn is most signified by the killing spree by her men in the main land of Bengal. In the years that have gone by she had sold herself as a crusader against political killing or political vendetta. Having borne the brunt of the Left governments “goondagiri” in the last two decades, it was but expected that ‘Didi’ would show a more humane face- but she, it appears, is hell bent on giving it back harder than she had received.

The broad day light killing of former left front MLA Pradip Tah and his colleague, Gopal Gayer, at Dewandighi in Burdrwan District is a case to point. The two leaders, both in their late sixties, were beaten to death, while leading a protest rally, right in the center of the town. Thousand were witness to this brutal slaying.  Chotan Chakraborthy, Patitpaban Tah, Suji Tah and Gopal Goswami were seen by half the town as well as the media as being the perpetuators of this mindless killing. And everyone in the area knows them to be Didi’s men. Rather than condemning this ghastly act, the public was blamed for the same. ”The public had taken its revenge on the  34 years of misrule by the Left” was the verdict….. Taking age into consideration- Mamata Banerjee was not a “Didi” to these two senior citizens were were beaten to death but a “baini”- Didi or Baini whatever- she broke all those vows that an Indian sister takes to protect her brothers.

Lets forget about her brothers and come to her sisters- the women folk of West Bengal- The string of rape cases in her home state and her reactions to them haven’t made her too popular either. By branding most rape cases has been fabricated “to tarnish the image of the TMC led government”, her personal image is what is being tarnished. In one case Didi even went on to accuse a rape victim of fabricating the story on the behalf of her husband  whom she alleged was a CPM supporter. The fact is that the victim is actually a widow who lost her husband 11 years back…can anyone beat this!!!! And guess what? TMC had trumpeted the spectacular electoral victory of “Didi” in West Bengal as being a victory for all the women in the state. Such irresponsible statements from her have been several but Himalayan Times cannot afford another two pages to accommodate all of them here.

Lets come closer home now- mamatadi had with so much fan fare proclaimed that Darjeeling would be transferred into Switzerland.. noble intentions, one would be tempted to call this proclamation of hers. Sadly despite ten months elapsing since her grand announcement, Darjeeling is sliding further towards becoming another Congo or Somalia or Ethiopia, rather than transforming itself into Switzerland. This very column, ten months back, had asked if she had the resources, will and intentions to transform Darjeeling into Switzerland. I guess the pitiful condition of the NH55, filth and stench of Darjeeling town, the acute traffic problems, the crumbling tourists infrastructure, to name a few, answers the questions that this column had asked. Forget Switzerland- Darjeeling would be lucky if it continues breathing…

Her U turns have been many- the Maoist issue, the Railways, the FDI in retail, her dealing with Congress (I), her policy on public loans taken by the sate, her attitude towards investors into the state, the land  acquisition issues, on the GTA polls- all have experienced her yo-yo like swing in her policies. Bengal can only just hope that the yo-yo doesn’t snap into two.

Unfortunately, despite what the GJM may want us to believe, Darjeeling hills, (GTA or no GTA) is as much a part of this very  West Bengalas Midnapur or Purulia or Bakhura, which Hitler Didi treat as her Nazi-dom. So much for “maa” “mati” and the poor maanus” of West Bengal.

This definitely was not the “poriborthan” (change) the people of west Bengal had hoped for- we in Darjeeling can only just say- “SAME HERE TOO” but saying further would be injurious to my health and whatever little property I have, so let me withdraw my hand from this dangerous snake pit before its too late.          

                            BUT WHO ULTIMATELY IS THE LOSER???

Of the scores of essays I have read on this subject, the one written by Ted Gurr, titled    “People Verses States, Minorities at risk in the New Century,” stands out as an exceptional piece of writing, not just from the view point of the meticulous research put in it but more so for his extremely rational thinking and prospective.

 Of course the essay is pretty exhaustive and packed with data and analysis which a casual reader may find too heavy to digest but one point that he makes in this presentation is that “Economic inequality is one of the prime reasons for any separatist movement, the world over.” He observes that Groups which are subjected to economical discrimination or deprivation are more likely to launch a movement for separation from the parent state, than groups which enjoy economical parity.

His observations hold much truth in the cause of the Gorkha community’s quest to separate from Bengal. Years of neglect and economic disparity has led the situation to be what it is today. The crumbling tourist infrastructure, the deplorable condition of our roads, the failing Health Care System, the tight water situation are enough proof of the economic neglect and apathy that the successive State Governments have dished out to the Darjeeling Hills. The resentment of the residents of the Darjeeling Hills was manifested by the two agitations, one led by Mrs. Subhas Ghesing and the current under the leadership of Mr. Bimal Gurung, that succeeded in a partial way to loosen the purse strings that the State and Central Government were holding on to ever so tightly. Whether or not the two agitations actually managed to provide any solace to the masses is matter for debate but what is without any iota of doubt is that fact that in the last 25 years since Subhas Ghesing launched the first Gorkhaland movement in 1986, the inflow of Government funding into the Darjeeling Area has increased to what it was pre 1986.

With the hundreds of crores in Indian Currency that were pumped into the Darjeeling District, the economic expectations of the people of the Darjeeling Hills too increased. The economic health seemed to be on the rise- the Tourism Industry finally looked to revive itself, so did the Tea Industry. The Tourist started to flock back into the Queen of Hills even if just to be confronted a Darjeeling which was just a mere shadow of its glorious past. But yes, overall the scenario was getting better. Hopes of the long deprived people of the Darjeeling Hills was being revived and dreams of better days flashed in the minds of the Hills residents.  

    

But dreams are just that- dreams…. especially if the dream maker are as inapt as like ours. They led us to believe that the next dream would be the most beautiful we have ever seen but when the eyes closed and the dreams started, its no better than the trailer of a ‘C’ grade Bollywood sizzler. It always started with David taking on Goliath- daring him, defying him, challenging him and mocking him but the dream inevitably ended each time with David making a meek surrender and with David not making good any of his earlier bravado.

All the dreams did was that the public lost valuable man hours and the economy of the Hills took a further beating. By making the Dooars the latest issue and an area of conflict, another tourist season has taken a beating. The tourism industries dream of finally doing some good business this season ended up in flames – literally like the houses and cars in Bagrakote. Booking in hotels and resorts across the Hills saw en-mass cancellations while those tourist who were already enjoying their holidays here, had to make a sudden dash for Siliguri due to the flash Highway strikes called by the GJMM and its supporting parties in the Dooars and Terai. Our leadership somehow behaves a bit like Kalidas-chopping off the very branch atop which they have poised his bottom-most asset-          we cannot afford to kill the golden goose which in our case is Tourism. By resorting to wild cat strikes we are doing more harm than good in the long run. Separate State or not, we still will require Tourism to help sustain the Hill economy. The Hills can ill afford to continue bleeding its main source of economy and yet hope to continue existing especially since now even GTA is looking like a dream gone bad.

The Hills can ill afford any further disruptions, especially during tourist seasons. The once bustling hill economy cannot further withstand the economical blow that Bandhas tend to deliver. The recent blockading of the National Highways by Bandh supporters delivered a crippling blow to the hospitality industry in the Hills. Tourists who had once again started flocking the Darjeeling Hills sped back to the safe confines of their hotel rooms in Siliguri preferring to spend the rest of their holidays there rather than risk being stranded. The bottom line is- who ultimately ends up on their bare backs, looking the joker in the eyes of the world- We-!!!

Our loss is Siliguri’s gain- their hotels run chock-a block, their restaurants are packed all day, their transporters laugh their way to the bank- while we in the Hills can do nothing but wait another season. Why just the Tourism Industry, the day is not far when Siliguri will even our Education Industry. With dozens of Premier Schools now being opened in Siliguri, the day is not too far off when outstation students would prefer to go to the Schools of Siliguri rather than venturing into the uncertain conditions in the Hills. This trend has already started and is growing in an alarming rate. Earlier, students from the Dooars and the North Bengal region formed a large chunk of outstation students community in the Darjeeling Hills. This is not the case any more. They prefer to remain in the safer and more stable conditions of the Siliguri Schools rather than climbing up to the Hills. If the Political instability continues, the Education Industry which provided economic solace to thousands to people in the Hills will soon start facing problems.

The fact is that the GJM leadership has once again been charmed into a hole. The earlier Left Front Government bullied and pushed the GJM into a corner and forced it into accepting the GTA while the present TMC Government courted the GJM leadership like a lover would but ultimately charmed and cajoled them into the same hole that the Left Front government had dug. The strategy of both the LF and TMC government are the same-not allowing the GJM even a toe hold in the Dooars. The earlier Buddhadev Bhattacharya led government precipitated Sibchu, the current Mamta Banerjee led government created Babrakotte. Only the names have changed though the motive has been the same. The strategy of the State Government, both past and present, remain the same. Not allowing the GJM and its allies to hold even a simple public meeting in the Dooars smacks of double standards on the part of the administration. Yet the GJM leadership swears by Mamtas mamta for the Hills.  I just hope that the GJM leadership realizes that their credibility and their “izzat” is our “izzat” and each time they back off or loss credibility-the entire Hills become the laughing stock.

Frankly, despite what may be politically correct to say, the fact is that the State Government by no means will concede to the GJM demand for the inclusion of 199 mouzas each of Dooars and Terai. Justice Shymal Sen, may or may not table his reports in June, but whenever he does, it is sure to set either the Hills or Dooars on fire. The leadership of both the camps appear to stand rigid on their ‘Hum eek inch nahi chorenge” rhetoric hence a stand off is but expected whenever the good Justice tables his report.

It is high time now that the leadership of both sides of the political divide exhibit some statesman like quality which will go a long way in lifting this part of the world from the social, political and financial doldrums it presently is in. The mainland of Bengal does not care a dime whether or not our Tourism Industry survives or our Education Industry sustains itself. In fact they probably would be happy if it does not for the simple fact that if tourism fails here Digha and the few other places of tourist interest in mainland Bengal gains. Likewise if the Education Industry in the Hills takes a hit, Schools and Higher Education Institutes in places like Siliguri and Durgapur stand to gain. After all everyone needs a holiday and everyone needs an education. The fact is that the sights we provide for the tourists or the education we provide for the students are indispensable. If the Darjeeling Hills cannot provide its guest a safe and relaxed holiday or if it cannot give its students the requisite environment to students, then they will move on..

So, who ultimately loses????