Such a change would affect adversely other beneficiaries rather than women plaintiffs/victims!!
"The social purpose behind it will be lost if the rigour of the provision is diluted."
"The apex court had recently observed that a serious re look of the provision is warranted by the Legislature."It is a matter of common knowledge that exaggerated versions of the incidents are reflected in a large number of complaints." "
--------- Is there data to support it? Where is the specific credible data to support above mere observations?
in 498a ................ Statistics shows that :-
Not even 1% cases result in conviction
Out of remaining 99% not even 0.01% cases result in charges 'disproved' and plaintiff reprimanded.
And remaining 98.99% or more cases result in aquital as charges 'unproved' (due to lack of evidence. It can't conclude that plaintiff was the mischievous! or that defendent got away even though a culprit! ) and out of those again most of the cases are 'compromised' due to prolonged litigation.
Read the above statistics carefully!
I believe the SC is already biased and made a general comment without substantial data.
The real story is as follows :-
(although the law which wasn't in fact helping the plaintiff women in any way!!! and rather) the law in fact was helping and boosting the legal Industry and investigating agencies and generating a good employment for them!!
Hence I am suprised that the legal machinary themselves are on the verge of demolishing the green pastures!! Is 498a the only law which is has loopholes to be misused by govt agencies rather than plaintiffs? Then repeal all such laws.
The least solace, to plaintifss, from this law was that ---"it was like a 'panecea of collateral damage' to hapless women plaintiffs.
It was like "If you can't return my stree-dhan and jewels etc back ........ then it's better it goes into gutters,............ but you shouldn't also get the benefits of it!! ....................... Spend money on police, bail, lawyers if you don't want to give me back what was my property!!" This law was like 'seedhi ungali se ghee nahi nikalta hai to......'
And at the end ............. the women plaintiffs were getting their entitlements partially at least !! (around 50-60% of the total .... remaining was going to lawyers, police , judiciary etc etc as a commission!! (a big list .. witnesses, postmans, doctors !!) used to squeeze out some 20-30% and husbands used retain some 10-20% of it as a compensation for 'time spent in custody etc etc' )