Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697630890642.pdf (Australia)
Respected Sir/Madam History is made not only by the how many battles someone won, it is also made up of lots of pains and suffering of those who were innocents, written with blood sweat and tears of the honest and harmless peoples.
I am , married in India in the year 2011 as per arrange marriage, lodge spouse visa file, lawyer exp and all related exp paid by me, took 8 months to get spouse visa, finally wife came to Australia in the year 2012, life was full to joy and laugh, had our first Son born on , 2014 and after 3 and half months we went to India so both parents can see our first son and spend quality time, I took 6 months visa for my ex-wife and son, wife deserted me and didn’t allowed me or my parents to see the son, emotionally blackmail, my sister who lives in went to India but no response from her side, finally waited for 1 year and filled for divorce, document received by her through email and registered post but still no reply, divorce granted by court in Australia, she filled cases in India against my entire family, case quashed by court but there is Domestic violence case on my parents going on.. strange thing is she lived here for 2 years and 3 months and haven't lived with my parents but still she put my parents name.. Today they are demanding 2,00,000 Australian dollars to settle the case and if I want divorce according to Indian Law.
A Legal Extortion Business.

Every 8.5 minute a man dies in India.

The Apex Court in India Equated misuse of Dowry Law to “Legal Terrorism” and said it was being treated as a weapon rather than a shield by disgruntled wives I am making my final decision about the dowry Law ,how it been misused not in India but grossly misused in America, Canada , Dubai and Now a days Australia is also not exempted.
It become a legal extortion, Blackmailing and harassment business in the name of Dowry and now we are facing anti dowry or reverse dowry from wives and wives family.

Misuse of Dowry Law(498A) is the most abused Law in the history of Indian Jurisprudence, and Marriage in today’s scenario a legal extortion business in India, also Accused is presumed guilty until proven innocent., No where in the world it is so..
In the year 2006 USA issues travel advisory to its citizen travelling to India to be unsafe for US men to marry an Indian Girl Canadian Government advise its citizens to beware of Marital Frauds and Misuse of Dowry prohibition Act.

Its furthers says “Used to Blackmail men through false allegation of dowry Extortion.
Even Refugee Review Tribunal under Government Of Australia issued Advise to Indian in the year 2010, heading “ India-Domestic Violence-False Dowries-Male Victims-State Protection-Police- Corruption.

World Health Organisation (WHO), in its report of India clearly cited section 498A (Dowry) as one of the major reasons for growing Elder Abuse in India.
The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 44 Former Minister of Law and Justice, India, Ashwani Kumar, admitted 498A (Dowry) is the most abused law in India.

Chief Justice of India and Various current and Former Judges of Various Court in India had put their concern over the grossly misuse of Sec 498A (Dowry)related cases.
The Law is already unfair, biased and inapplicable where one gender has right to exercise and another has to face legal, social, mental, economical and lose of dignity not only related to husband but entire husband Family in Society.
The simplest way to harass is to get the husband and his relatives arrested under the provision, number of cases, bed-ridden grand father and grandmother of husband, who even can't walk properly, their sisters living abroad for decades, children small as between 2 months to 10 years and even pregnant sisters of Husband are arrested.
Case where women put wrong allegation "forced to sleep with father in Law" and asked for dowry, the intention of the so called married women is to humiliate the father in Law in front of the entire society which he is most respected in society, the higher the prestige and dignity in society will get handsome settlement for the Women.

Various High Court and Lower Court in India had admitted the grossly misuse of Section 498A (Dowry) and I would like to point few here.
1)Supreme Court the Apex court in India in Sushil Kumar Sharma Vs Union Of India 2005 very clearly said by misuse of the provision a new legal terrorism can be unleashed.

The Provision is intended to be used as a shield and not assassin as a weapon.

The provision which intended to protect the women had actually taken thousand of Innocent Mens and the trauma the family member been passed through.
2)Delhi High Court in Chandrabhan versus state(2008) said” There is no iota doubt that most of the complaints are filed in the heat of the moment over trifling fights and ego clashes.

3)Bihar High court in Arnesh Kumar Vs State of Bihar (2014) said: The fact that the section 498A (Dowry) is non cognisable and non-bailable offence has lent it dubious place of pride amongst the provision that are used as weapons rather than shield by disgruntled wives.
4) Bench Of Justice AK Goel and UU Lalit noted in the current SC order, (2017),women invoke it to harass and intimidate their husbands and /or in laws/.

Going by recorded testimonies, section 498a tens to be misused a lot to exact revenge on men or their families for their perceived misdeed.

The True reason for the dowry in rural area is poverty, non education, under-developed civilisation which again based on religion and social structure.
Dowry issue flourishing in rural areas and misuse of 498A (Dowry ) is flourishing in the urban areas.if the misuse of laws still continues than the social infrastructure will collapse which will have direct impact on the marriage system and the institution of marriage.

This is problem of Asian countries and they have to deal how to curb it.

Australia should not import Dowry laws from India.

Its the failed Government administration which didn’t took the effective steps.
Country like Australia which has gender neutral law where Mens can be heard at least and Law like Domestic Violence applicable to both Gender whereas in India more than 45 Laws favours only women but not a single Law for men.

Its very sad that there are Law for Animals but its very sadful that there is no Law in India to protect men and his dignity and neither Law Commission For Men.
Every year 66,000 Men dies in India due to false cases according to National Crime Bureau Record (Dowry, Domestic Violence and Harassment).

The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 44 According to the data: “4,66,079 cases were pending in the start of 2013, only 7,258 were convicted while 38,165 were acquitted and 8218 were withdrawn.

The Conviction rate of cases registered under section 489 A of Indian Penal Code was also staggering low at 15.6 percent.
Most of the complaints under Dowry and domestic violence are filled in the heat of the moment of trivial issues without proper deliberation and there are large number of such complaints which are not bonafide and are filled with oblique motives.

India is becoming a country where estimated 1,50,000 father in India are unable to meet their kids after separation from their wives or when cases are going on every year.

There is no Shared parenting Law in India as well.


Also Delhi Commission for women said 53.2 percent Rape cases filled between April 2013 and July 2014 were found to be false.
Its very simple that in India, its a legal business going on where people want to earn someone’s hard earned money easily, such Rape and Dowry Related case can easily linger in the courts for decades and only the groom’s family has to pay the price, not only this There is no prohibition clause in the 498A(Dowry) law that would stop women to misuse it and neither they is punishment if the case turned out to be false, that’s legal terrorism.
Its also true where marriage is lasted only for a month or few months, people are fighting the cases in the court for almost 10 years to 15years as those sitting on the Top Position thinks nobody will ask them a question as why there is delay in Judgement and why innocent are paying the price overall.
Few Facts which I need to put: 1) Forensics Lab finds love cheats in 98% cases in India 2) No low for paternity fraud in India to give punishment to women 3) A recent supreme court review Judgement, A married women can not be tired for adultery as per section 497 of Indian Penal Code.
4) No Law in India to protect man from Martial Abuse and Domestic Violence in India 5) It is also a fact that in women cell there is always a settlement of money from husband to give to his wives 6) Male victim of Acid attacks, Domestic violence and Rape do not get justice in India 7) Death penalty exists for Rape of minor Girl but not for Minor boy.

8) The Women filing false Dowry, Domestic Violence and Rape case face no repercussions.
To further add my points, Dowry Law has been one of the fiercely debated IPC Sections, especially after multiple decisions of the supreme court between 2006 to 2015, the conviction rate for cases under this section has fallen continuously and is among the lowest conviction rates of all IPC Crimes.
The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 44 Disposal of cases filed under Sec 498-A of IPC by Courts Total Cases Convicted Acquitted Withdrawn Pending at Total Cases Conviction Rate of Cases under 498-A Average Conviction Rate of all IPC crimes in the end of in % Year where trial completed in that year the year 206431 228614 251759 278921 309991 339902 372706 412438 443885 477986 21.9 20.9 22.4 19.8 19.1 20.2 15 16 13.7 14.2 % 42.9 42.3 42.6 41.7 40.7 41.1 38.5 40.2 45.1 46.9 In the last 10 years between 2006 & 2015, the number of cases being filed under Sec 498-A (Dowry)of IPC is on the rise and there is roughly a 10% rise in the number of pending cases each year.
The number of pending cases at the end of 2015 is more than twice the number of pending cases at the end of 2006.

At the end of 2006, 2.06 lakh cases were pending and this number increased to 4.77 hundred thousand by the end of 2015, an increase of more than 130% in 10 years.
Acquittal increase while conviction decrease While the number of convictions was between 6000 and 8000 in each of these 10 years, the number of acquittal increased consistently, 24404 acquittals in 2006, this number went up to 39658 in 2015, an increase of more than 60 percent.

Since 2012, the number of withdrawn cases has been more than the number of conviction in each year.
For every case that is resulting in conviction, 5 other cases are resulting in an acquittal and one case is withdrawn Net Result one out of seven cases is resulting in conviction.

Conviction rate of Sec 498-A(Dowry) cases is among the lowest of all IPC crimes The NCRB’s ‘Crime in India’ report categories crimes various heads of the IPC.
If one looks at the Respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates.

In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three while it was in the bottom four in each The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 44 of the 10 years.

In 3 of the 10 years, this category had the lowest conviction rate of all.
It also has to be noted that this category consistently figures in the top 10 in the number of cases registered.
Year Conviction rate of cases Average Conviction rate Rank of Conviction rate of Sec 498-A under Sec 498-A of all Crimes (IPC) (Highest Conviction rate ranked 1) out of 23 20 out of 23 21 out of 23 22 out of 23 23 out of 23 21 out of 23 23 out of 23 23 out of 23 33 out of 34 33 out of 34 To Sum up as maximum five pages allowed I would like to say about the Definition of Dowry: One person gives and other person takes in any form punishable by Law.
When Dowry is such a big issue than why people give, the person who gives must be behind the bar but none of the case been registered against the person who gives dowry.

1)The Law should applies to both parties and if found guilty would be punished.

2)If the case is false from the prime fascia evidence or false allegation were charged on husband, than wife must be punished according to Law.
3) Dowry Issue if arises than Parties must be Husband and wife and it must not be related with other members of family 4) Very Rigorousness imprisonment up to 10 years to either party who had misused the Law.
5) Who ever wins the cases get compensation from the another party, Lawyer fees, Lost of Dignity in Society, mental and social trauma 6) Both Parties need to be heard and as a secondary evidence court must inform the medical team to give a dose to both parties which is sodium thiopental, which will further clear who is guilty and who is innocent.
The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 44 Its a social disease but a wide spread misuse is going in India and everyday mens are force to commit suicide because they are not been heard and there is no Law which protect men from disgruntled wives.

Those who favour this law, they must see the other side of the coin too.

The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 44