At this stage or even before, you can seek Anticipatory Bail or Notice Bail for all your family members to protect them from arrest. Section 498A of the Indian Penal Code required the bridegroom and his family to be automatically arrested if a wife complains of dowry harassment. If the parties decide to either settle their disputes amicably to salvage the marriage or decide to put an end to their marriage by mutual divorce, they should be allowed to compound the offences so that criminal proceedings don't chase them if they want to start their marital life afresh or otherwise. So as to seek a legal protection, you can always consult to choose from an extensive list of criminal defence lawyers and get rid of a false case under Section 498A. The Chief Justice Magistrate observed that Nisha was in a relationship with another person Navneet, who she really wanted to marry. International Journal of Sociology of the Family. This was because, more often than not, women bear their sufferings in silence.
Harassment for dowry falls within the sweep of latter limb of the section. Supreme Court of India on Thursday has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code. During that period, some harassment is certainly made; it is expected from the investigating officers, it is expected from the police officers. Looking into the recent observations and the increase in the misuse of this Section, there should be certain amendments which should be brought up in this law: 1. This is a scathing indictment of how this law which was intended to sub serve a noble purpose has in fact, been prostituted. In the present case the situation is still worse.
When the victim suffered a miscarriage her mother-in-law abused her to say that she was vile enough to swallow her own baby. Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences. Dowry also varies by economic strata in India. Development of Section 498A The section was enacted with the aim to protect women from dowry harassment and domestic violence. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment.
This will not give you legal relief but bring the attention of the society toward the misuses of the law. While fighting the 498a case, duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case. Many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. I have recently been caught by 498a wife and my whole family is falsely implicated by them in false dowry harassment case. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative- including minors and even school going kids nearer or distant relatives and in some case against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband. Despite the Indian government's efforts, 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.
Introduction to Domestic Violence Sometime back, there was a news item in the papers of a young girl who was burnt alive by her father and brother brutally just because she had refused to marry the person chosen by her family. Registering a false complaint is damn easy. But this still does not change the truth that there is slowly a rise in the abuse of S. Anita Vyas, When can the Court take cognizance? The Supreme Court held that such a demand is not a demand of dowry and so section 498-A was not applicable. In 1956, India gave equal legal status to daughters and sons among , and families, under the India grants its Muslim population the derived personal status laws. The Supreme Court in Modinsab Kasimsab Kanchagar v.
I understand that the women misuse this section to harass their husbands and in laws, I don't have statistics to prove this but I feel the number would be way less than the number of the offenders who get away even though they are the culprits. He added: The ground realities have persuaded this court to recommend to the authorities and law makers to have a review of the situation and legal provisions. Although the changes in Indian criminal law reflects a serious effort by legislators to put an end to dowry-related crimes, and although they have been in effect for many years now, they have been largely criticised as being ineffective. But the definition of stridhana' changed over from time to time, granting all the rights and power to husbands. Offence under Sections 498-A and 406, I. Rape, 498A etc, cannot be withdrawn by the petitioner.
In some cases, the dowry system leads to crime against women, ranging from and injury to even deaths. 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. Section 304B does not contain its meaning but the meaning of cruelty or harassment as given in section 498-A applies in section 304-B as well. Use of Section 498 A by Indian Courts: Indian Courts had been using this provision to safeguard the women from facing the cruelty faced by them at their matrimonial home. Court:Delhi High Court Travesty of justice if two old and aged petitioners viz. From time to time, these instructions are issued even from the Government of India, and the State Governments are already cognisant of this fact. Sections 498-A, 304-B and 306 of the Code are not offensive to the mandate of Article 20 2 as all these provisions create specific offences although cruelty or harassment of wife is one of the essential ingredients thereof.
Such designated officer may be required to undergo training for such duration not less than one week as may be considered appropriate. It is found that women from well-educated families are in the majority to file a false case under Sec 498A against their husbands. The pronouncement of the Supreme Court that section 309 of the Code is ultra vires does not make the offence of abetment to commit suicide under section 306 of the Code ultra vires. Section 498 goes hand in hand with Section 497, which criminalises adultery. So, we can see that, this law deals with four types of cruelty: i Any conduct that is likely to drive a woman to suicide, ii Any conduct which is likely to cause grave injury to the life, limb or health of the woman, iii Harassment with the purpose of forcing the woman or her relatives to give some property, or iv Harassment because the woman or her relatives are either unable to yield to the demand for more money or do not give some share of the property. The court has in another case not punished the guilty under S. Here, considering the woman to be a hyper- sensitive woman not used to usual wear and tear of social life is completely erroneous.
Moreover, in the scenario where the couple decides to end the marriage by mutual divorce, continuation of criminal proceedings hamper their life. These also lay the position that the institutions of marriage and family are not insulated from state interventions, particularly where there is violence against women within such institutions. Many times, as part of this mutual 'give-and-take', an attempt is made by the groom's family to dictate the quantum of each gift along with specific demands for dowry. Till report of the committee is received, no arrest should normally be affected. The Supreme Court ruled these acts to be cruelty and held both of them guilty under section 498-A.
Court:Delhi High Court Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of husband who got married much prior to marriage of complainant and living in their own matrimonial homes would come down simultaneously to matrimonial home of complainant, and subject her to dowry demand and consequent cruelty. Wedding Procession- Bride Under a Canopy with Gifts. Then, why are men's plight ignored when they are harassed by some notorious women? A woman had no freedom, neither personal nor economic. Section 498-A is being misused mostly than properly used. Moving away from fundamental rights to the directive principles, the court pressed into service provisions relating to the health of women and children. Proceedings initiated against Husband liable to be quashed. .