Bangalore: Dowry Harassment Law Turns Weapon


Ashwini M Sripad/ENS

Bangalore, Apr 3: Virat, a Bangalore-based software engineer from Kolkata, was married in February 2007. A few months after the wedding, his wife went to her mother’s house as part of the regular rituals, but refused to return.

She insisted that she and Virat live separately from her parents-in-law. Virat refused, as he was the only son. She then demanded Rs 12 lakh from Virat who refused to pay the amount.

She proceeded to file a dowry harassment case against Virat and his parents, who were arrested and later released on bail.

Relentless, she filed a case under the Domestic Violence Act, demanding Rs 20,000 per month as maintenance. She also filed a case in Kolkata, under the Criminal Procedure Code (CRPC), Section 125 (Order for maintenance of wife, children or parents), demanding Rs 30,000 per month as maintenance every month.

Bangalore is fast emerging as a hotspot for harassed husbands, the lethal weapon wielded by their wives being the IPC 498A, dealing with dowry harassment.

Women activists may be screaming hoarse about harassment by husbands, but a string of NGOs engaged in redressing the woes of harassed husbands claim to have at least 8,000 cases pertaining to hapless husbands alleging victimisation by wives misusing the IPC 498A.

Bangalore has the largest share of such cases, about 500. Another 500 relate to harassed Indian husbands living abroad.

Passed by the Parliament in 1983, the Indian Penal Code 498A, is a criminal law which states: "Whoever, being the husband or the relative of the husband of a woman, subjects such a woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is cognizable, non-compoundable and non-bailable."

Anil Kumar, founder, Save Indian Family Foundation, an NGO which works for harassed husbands in Karnataka, says there are 20 such NGOs in India which are linked.

"There are more than three lakh men who are anticipating dowry harassment cases. They have been threatened by their wives or relatives, who have no qualms in misusing the law," Anil said.

Saraswathi, president, Asha Kirana, another NGO, reports about 500 cases in 2007, and about 140 this year so far. Besides, the NGO daily receives 20 calls. Some cases involve marriages of more than 25 years.

When contacted, Premila Nesargi, former chairperson of the State Women’s Commission denied the law has been misused, and said “99 per cent" of the victims were women.

  

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Comment on this article

  • yousaf, mangalore

    Fri, Apr 04 2008

    Instead of concludIing who is right & wrong.. the simple way to deal with such cases is add a clause to the same section that if husband not found gulity, will have the right to get divorce & cam claim compensation & the wife will be liable for imprisonment

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