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Move to amend anti-dowry harassment law draws flak

  •   Fri, Apr 03 2015 06:38:40 PM

New Delhi, April 3 (IANS): Men's rights activists slammed the move on Friday to amend the anti-dowry harassment law, saying it was biased against husbands and their families.

"We have already sent our objections to the prime minister," Save Family Foundation (Delhi chapter) president Swarup Sarkar told IANS.

Under the proposal, Section 498-A of the Indian Penal Code (IPC) will be made a compoundable offence across India with the permission of courts as suggested by the law commission and Justice Malimath committee on reforms of criminal justice.

Sarkar said Section 498-A (of dowry act) is compoundable only in Andhra Pradesh.

"Statistics showed there is no reduction in its misuse there too. Such provision will lead to more abuse and extortion," he said.

Bangalore-based NGO CRISP president Kumar V. Jahgirdar said if the government really wanted to reduce misuse of Section 498-A, it should be first made a bailable and then a compoundable offence.

CRISP works for the cause of child rights and shared parenting.

There should also be a provision of jail punishment of minimum three years for those abusing the law, he said.

Jahgirdar told IANS that a draft note of the union cabinet seeking to amend Section 498-A, making it a compoundable offence, has been sent to the law ministry for drafting a bill.

The Supreme Court in a judgment in 2010 said as it stood now the law (498-A) had become a "weapon in the hands of disgruntled women", Jahgirdar said.

It had also observed that re-look of the entire provision is required by the legislature.

The Child Rights Initiative for Shared Parenting (CRISP) has been demanding amendment to the 498-A in true spirit of Justice Malimath report, making it both bailable and compoundable.

 
  

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Comment on this article

  • Amarjit Singh Chhina, Amritsar

    Thu, Apr 30 2015

    There should be equality for all citizens. When one citizen just says a wrong statement, there must be provision for stringent punishment for misleading the court and for harassing an innocent person from groom's side. Parents in law of a bride are also equally aged as parents and deserve same regard instead of harassment. Under this act, an in law - be it mother in law though a woman also faces the same harassment. A person who lived dignified life throughout cannot live with a stigma on false allegations resulting in punishment.

    DisAgree Agree Reply Report Abuse

  • Amit, Pune

    Sun, Apr 19 2015

    Making 498A IPC compoundable with court permission will do nothing to stem the rot of misuse of this draconian law nor will it do anything to stop cruelty for dowry against wives/daughters-in-law. Here is the reason why?
    History is clear that this law is used by most women to extort money from the accused and not to get justice or punish the accused against alleged cruelty, as the law permits immediate arrests of old men, old or pregnant women, children, disabled. Many many accused die of mental trauma and shock and such murders are excused in the name of investigations u/s 498A IPC. It is the Money, Homey!
    History is also clear that police try to force monetary settlement by inducing fear of arrests in accused who are not aware of their legal rights. Even those legally aware suffer illegal arrests as arresting officers manufacture arrest memos, manipulate MLC records to clear even ill accused as fit to be jailed and shows the alertness to jail them which alertness ought to be reserved for dreaded terrorists. None cares for the incalculable damage caused to reputation of the arrested accused. It is the Money, Honey!
    It is also well-known that senior police officials approve the conduct of the arresting officers and more often their grey conduct is approved as legal. It is also the fact that courts do not grant bail to accused unless they are compelled to give deposits, as per the whims and fancy of the court, in lieu of alleged Streedhan. Thus, money dictates if FIR will be registered against the accused, whether police will keep threatening them of illegal arrests, whether they will get bail or not. It is the Money, Honey!
    Law is meant to secure justice, that is reason for making cruelty for dowry an offence under 498A IPC. Compounding of 498A does nothing to secure justice to the real dowry victims. Compounding of 498A IPC is well-instituted,and already allowed by High Courts and Supreme Court of India. Compounding will do nothing to actually eliminate dowry.

    DisAgree Agree Reply Report Abuse


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