Team  SoOLEGAL
Supreme Court has issued slew of directions to prevent the misuse of Section 498A of IPC
Team SoOLEGAL 28 Jul 2017

Supreme Court has issued slew of directions to prevent the misuse of Section 498A of IPC

India has been a huge crater of countless social injustice and superstitions for many centuries, even in current generation; we are still drowned in the dark depth of these evils. Exchange of Dowry in order to establish a matrimonial bond, given by the bride’s family to the groom’s family as a condition of marriage has been the greatest indecency throughout the entire nation. Many social deformities are associated with it since its beginning like greed, prejudice against women, mistreat and death of girl child, divorce for no good reason, bribes, etc. In the present scenario, Many social activists protest against the gender inequality and there is no doubt, that women are seen successfully rivaling men at corporate level, in legislative issue and at different stages.

In 1983, Section 498A of IPC was issued to combat the harassment of women at the hands of her husband and his family members, since then, some women are using it as a weapon to get what they want.  At that point, why are men’s plea overlooked when they are harassed by some greedy women? Why there are no strict laws against women who misuse their civil rights like Section 498A, where a woman can easily accuse her husband and his family of taking dowry without any proper evidence?     

What you are reading is not just an article on the evils of dowry, but another story of a woman who is mistreating her social and civil rights in the name dowry to fulfill her greed because of her indifferences with her husband’s family. Bless the modern judicial system and enhanced approach for rising above such mentality and bringing justice to those who encountered this inequality. It is a fact that justice can only be served if you struggle for it. According to the section 498A of the Indian Penal Code, demand of dowry is a cognisable and non-bailable offense in which a husband and his family are summarily arrested without any investigation on the basis of a complaint is lodged by the wife for experiencing cruelty in the name of dowry.

The misuse of dowry law is not the latest issue and the Indian judicial system is completely accountable for its expansion and the outcome of such crime is the abuse of innocent men. Many innocent men have committed suicide in order to escape the shame of facing police or court when they are harassed by their wives for no good reason at all.  

The Supreme Court, yesterday, issued a slew of directions in order to prevent the misconduct of Section 498A wherein a Woman lodged a bogus complaint of experiencing domestic violence from the family she married into. It once again brought to the fore the fact that how Section 498A can be blatantly misused by some roguish women.

The bench headed by Justice Adarsh Kumar Goel and Uday Umesh lalit, requested for assistance of Additional Solicitor General  Atmaram Nadkarni and Senior Advocate V Giri, who was assisted by Advocates Uttara babbar, Pragya Bhagel, and Svadha Shankar to discuss the requirement of need to check the tendency to rope in all family members to settle a matrimonial dispute.

Nandkarni stated that the enormous increase of involving relatives including Senior Citizen, Children and siblings in the case of 498A without any evidence of physical injury and mental harm. He also referred to the National Crime Records Bureau records, which indicated the growing rate of misuse of the Section 498A.

The NCRB records confirmed that in 2009, a total of 1,74,365 people were arrested under Section 498A and 8,352 cases were proven false. For the year 2012, the rate of chart-sheet filing under the act was at 93.6%, while the conviction rate was a mere 14.4%.

V Giri recommended that arrest under the provision will only carry out after recording the reasons and with express approval from the Superintendent of Police. He also suggested that counseling is mandatory before registering of a case under Section 498A.

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