The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. In the current social context, there should be similar laws to protect harassed husband and his family members from an unscrupulous wife. This approach, however, ignores the fact that denying divorce to the husband where there is no prospect of a happy married life does not solve the wife's problem. And, Co- founded by Alveera Khan - M. Women from poor and middle class background are the worst hit if assistance is not provided.
Judges take months together to merely decide on bail petitions. However, over the time, understanding the frequent misuse of this section has led the Law to amend it and where today, the husband or his family do not have to bear the shame in society, in case of false accusations. In the modern era, the concept of dowry has evolved and Indian families no longer practice the traditional concept of dowry. The Court also favoured the view taken by a two-judge bench that bail plea should be expedited in case of arrests under Section 498A. So much so that with the passage of time he came to know that wife had several male friends. Registration of Marriage and Gifts Exchanged: The registration of marriages should be made compulsory along with the requirement that the couple make a joint declaration regarding the gifts exchanged during marriage. And in most cases, the capacity of the wife or her parents and the source of the funds are never tracked.
The Dowry Prohibition Act, 1961 article 3 specifies that the penalty for giving or taking dowry does not apply to presents which are given at the time of a marriage to the bride or bridegroom, when no demand for them have been made. He cites two studies from the early 20th century with data to suggest that this pattern of dowry in upper castes and in lower has persisted through the first half of the 20th century. It is found that women from well-educated families are in the majority to file a false case under Sec 498A against their husbands. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry. None of his bank accounts had savings above Rs.
It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty or harassment by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death. No other evidence to connect accused with offence, conviction set aside. . At the stage of framing of the charge, the material placed before court is only to be looked to find out whether there are sufficient grounds to proceed against the accused and not whether the material is sufficient for conviction. Arrest Warrants: Arrest warrant should be issued only against the main accused and only after cognizance has been taken. Assuming that the husband had asked the wife to bring some jewellery this by itself could not be unlawful demand as no law would punish a mere demand without settlement of dowry at the time of marriage. This section was made keeping in mind protection of the married woman from unscrupulous husbands but is clearly misused by few women and again this is strictly condemned in Saritha v R.
Court:Delhi High Court Sections 328, 498A, 406, 34 — Causing hurt by means of poison with intent to commit offence, Cruelty, Criminal Breach of Trust, Common Intention : Defence taken by accused more probable and all accused acquitted by Trial Court by giving them benefit of doubt : Counsel for petitioner merely reagitated grounds raised before Trial Court : He has not been able to point out any error of law or procedure which has occasioned failure of justice : Not proper for this Court to interfere where petitioner merely re-argues case without showing any error of jurisdiction or of procedure, nor shows any perversity in judgment under challenge : No grounds to interfere in judgment under challenge. Violence against women is a violation of human rights. The purview of the above section includes mostly the dowry related cases which are filed either by the victim or by the relatives of the victim itself. The bench had also said if a bail plea is filed in such a matter, it may be decided as far as possible on the same day with at least one day's notice to the public prosecutor or the complainant. The practice of dowry deaths and murders continues to take place unchecked in many parts of India and this has further added to the concerns of enforcement. In many cases, men have even committed suicide, when their wives have harassed them to approach police or court, to send them behind jail, for no reason.
Journal of Marriage and Family. In every district there is a necessary to form panels to help the aggrieved women. While acknowledging that there was misuse of the provision, the bench said that the court cannot fill in legislative gaps. If you want to end this marriage and punish your husband for his guilt then you can follow the options mentioned below- i. The abuse of this section is rapidly increasing and the women often well- educated know that this section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind bars. It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. This would discourage persons from coming to courts with unclean hands and ulterior motives.
Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence. To have daily updates of , and download the on your phone. Some scholars believe dowry was practiced in antiquity, but some do not. I may also warn the reader that even after these taking precautions mentioned above the law does not change. If not arrested yet, then accused persons getmore easily 3. This apart, you can also seek compensation for harassment undergone.
Also the parents of the women are mentally harassed due to this reason. You may sample up to five stories, following which you will need to sign up for continued access. Penalize corrupt Investigation Officers: If it is apparent to the court that a fair investigation has not been conducted by the investigation officer, and that the husbandand his family have been charge-sheeted without proper verification of the complaint, the investigation officer should be penalized for gross negligence of duty. Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences. Expressing concern over misuse of anti-dowry law by disgruntled wives against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or action be taken on such complaints without verifying the veracity of dowry harassment allegations. Others welcomed the decision as landmark judgment to uphold the of innocent people.
But by misuse of the provision a new legal terrorism can be unleashed. He visited india with wife. Offence under Sections 498-A and 406, I. Sometimes adverse media coverage adds to the misery. There should be provision for men also to file a case for mental cruelty by his wife. Within six months of marriage, the harassment and abuse started. This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home.