Need to educate helpless women about their rights
For safeguarding the interest of woman against the cruelty they faced behind the four walls of their matrimonial home, the Indian Penal Code, 1860 ( IPC) was amended in
1983 and section 498A which deals with ‘matrimonial cruelty to a woman’ was inserted therein. The noble object for which section 498A IPC was introduced is amply reflected in the Statement of Objects and Reasons while enacting Criminal Law (Second Amendment) Act No. 46 of 1983, which was to remedy and put an end to the increasing number of dowry deaths and matrimonial cruelty meted out to the woman by her husband and in-laws. Section 498A provides that, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.” Further, in order to strengthen this fight against matrimonial cruelty, this offence was made non-bailable, non-compoundable and cognizable. However, it is unfortunate that certain females and their close relatives have reduced this noble provision into a tool for wreaking personal vendetta. Many a hapless husbands and in-laws that include aged parents-in-laws in their 70s or 80s, have become victims of their vengeful prosecutions. Though section 498A aims at protection and safety of woman from her husband’s and his relatives’ cruelty and harassment, this shield is used as a weapon by many females for wreaking personal vendetta or to unleash harassment. It is sad that many cases where Sec 498A is invoked turn out to be false. This was never the intention of the law. Indian law has always laid emphasis on protection of the innocent. However it is sad to note that this section is being misused and many innocents, including aged ladies, are being subjected to the rigors of arrests and criminal trial on absolutely false and frivolous accusations.
Misuse of section 498A has been called as nothing short of being ‘legal terrorism’ by the Supreme Court of India in the landmark judgment of Sushil Kumar Sharma v/s Union of Indian and Ors. The Supreme Court has noted that many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. The provision is intended to be used as a shield and not as an assassin’s weapon. If cry of ‘wolf’ is made too often as a prank assistance and protection may not be available when the actual ‘wolf’ appears.
Further, the courts have also held that ‘false case by wife amounts to mental cruelty’ and the husband was entitled to a decree of divorce on this ground. Justice Malimath Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 observed the following and gave the recommendation to amend the law immediately: “16.4.4 In less tolerant impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to fire, if the husband cannot pay. She may change her mind and get into the mood to forget and forgive. The husband may realize the mistakes committed and come forward to turn a new leaf for a loving and cordial relationship. The woman may like to seek reconciliation. But this may not be possible due to the legal obstacles. Even if she wishes to make amends by withdrawing the complaint, she cannot do so as the offence is non- compoundable. The doors for returning to family life stand closed. She is thus left at the mercy of her natal family.”
It is true that the real sufferers of this evil of dowry, the rural Indian women are not even aware about their rights and continue to suffer silently and fail to make use of these laws. While, there is an urgent need to educate such helpless victims about their legal rights, it is also necessary to note that certain females have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives.
Despite the various guidelines/recommendations of the Supreme Court of India and Justice Malimath Committee that the working of these laws should be reviewed and reformed with change in time, so that innocents are protected and false complaints made with malafide intention are not registered, the suggested amendment to the law has been largely ignored. It is high time that the Parliament take note of the increasing incidents of the misuse and make suitable amendments, including making the same bailable and compoundable, to make it more balancing.
For safeguarding the interest of woman against the cruelty they faced behind the four walls of their matrimonial home, the Indian Penal Code, 1860 ( IPC) was amended in
1983 and section 498A which deals with ‘matrimonial cruelty to a woman’ was inserted therein. The noble object for which section 498A IPC was introduced is amply reflected in the Statement of Objects and Reasons while enacting Criminal Law (Second Amendment) Act No. 46 of 1983, which was to remedy and put an end to the increasing number of dowry deaths and matrimonial cruelty meted out to the woman by her husband and in-laws. Section 498A provides that, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.” Further, in order to strengthen this fight against matrimonial cruelty, this offence was made non-bailable, non-compoundable and cognizable. However, it is unfortunate that certain females and their close relatives have reduced this noble provision into a tool for wreaking personal vendetta. Many a hapless husbands and in-laws that include aged parents-in-laws in their 70s or 80s, have become victims of their vengeful prosecutions. Though section 498A aims at protection and safety of woman from her husband’s and his relatives’ cruelty and harassment, this shield is used as a weapon by many females for wreaking personal vendetta or to unleash harassment. It is sad that many cases where Sec 498A is invoked turn out to be false. This was never the intention of the law. Indian law has always laid emphasis on protection of the innocent. However it is sad to note that this section is being misused and many innocents, including aged ladies, are being subjected to the rigors of arrests and criminal trial on absolutely false and frivolous accusations.
Misuse of section 498A has been called as nothing short of being ‘legal terrorism’ by the Supreme Court of India in the landmark judgment of Sushil Kumar Sharma v/s Union of Indian and Ors. The Supreme Court has noted that many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. The provision is intended to be used as a shield and not as an assassin’s weapon. If cry of ‘wolf’ is made too often as a prank assistance and protection may not be available when the actual ‘wolf’ appears.
Further, the courts have also held that ‘false case by wife amounts to mental cruelty’ and the husband was entitled to a decree of divorce on this ground. Justice Malimath Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 observed the following and gave the recommendation to amend the law immediately: “16.4.4 In less tolerant impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to fire, if the husband cannot pay. She may change her mind and get into the mood to forget and forgive. The husband may realize the mistakes committed and come forward to turn a new leaf for a loving and cordial relationship. The woman may like to seek reconciliation. But this may not be possible due to the legal obstacles. Even if she wishes to make amends by withdrawing the complaint, she cannot do so as the offence is non- compoundable. The doors for returning to family life stand closed. She is thus left at the mercy of her natal family.”
It is true that the real sufferers of this evil of dowry, the rural Indian women are not even aware about their rights and continue to suffer silently and fail to make use of these laws. While, there is an urgent need to educate such helpless victims about their legal rights, it is also necessary to note that certain females have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives.
Despite the various guidelines/recommendations of the Supreme Court of India and Justice Malimath Committee that the working of these laws should be reviewed and reformed with change in time, so that innocents are protected and false complaints made with malafide intention are not registered, the suggested amendment to the law has been largely ignored. It is high time that the Parliament take note of the increasing incidents of the misuse and make suitable amendments, including making the same bailable and compoundable, to make it more balancing.
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