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Dipangkar (Business)     12 August 2011

Sc tells govt. to amend dowry law to stop its misuse

SC tells govt. to Amend DOWRY law to stop its misuse  

 

Source : The Times Of India. Aug 17, 2010

 

NEW DELHI: The Supreme Court has plainly told the government to take a relook at the anti-dowry law — Section 498A of Indian Penal Code — saying it has been misused by women to lodge false or exaggerated complaints against husbands and their relatives accusing them of cruel behaviour.



Such is the level of exaggeration of cruel behaviour on the part of husbands and their relatives that “to find out the truth is a Herculean task in a majority of these complaints”, said a bench comprising Justices Dalveer Bhandari and K S Radhakrishnan.



Expressing concern at the rise in number of complaints under Section 498A, the Bench said, “We come across a large number of such complaints which are not even bona fide and are filed with oblique motives.”



Advising extreme caution in dealing with such complaints, the bench said courts must take pragmatic realities into consideration while dealing with matrimonial cases.



It was high time that the legislature considered and made suitable changes in the law taking into account public opinion, the apex court said, sending a copy of the judgment to the Union law minister to initiate the process.



“At times, even after conclusion of criminal trial, it is difficult to ascertain the truth,” it said and gave examples of cases where the woman in her complaint had roped in the husband’s relatives, who lived in different cities and rarely visited them, of cruel behaviour towards her.



Such accusations invariably led to the husband and his relatives remaining in jail for a few days, breeding rancour, acrimony and bitterness and ruining all chances of an amicable settlement, said Justice Bhandari, writing the judgment for the bench.



The significance of the court’s directive goes beyond what happens to Section 498A. It marks a conceptual shift, a turn away from the culture where women were seen only as victims who were incapable of levelling false allegations. The conception of women as the silent suffering sort who could do no wrong has influenced the administration of justice in both open and subtle ways. The assumption of women’s innocence is apparent in laws devised to deal with rape and other crimes against women where the presumption of innocence is not available to the accused.



Section 498A and other laws were meant to level the field which has traditionally been tilted in favour of men, and were meant to help women get their due. But with instances of their misuse rising, the apex court has been impelled to draw the government’s attention to revisit the issue.



“It is also a matter of common knowledge that exaggerated versions of incidents are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases,” he said.



“Criminal trials lead to immense suffering for all concerned. Even ultimate acquittal in the trial may not be able to wipe out the deep scars of ignominy,” the bench said.



Learning

 16 Replies

gaury..fight to win (Education)     12 August 2011

After 1 week let's celebrate anniversary of this hot news

Dipangkar (Business)     12 August 2011

Hey Gaury! Who told you that it was a "HOT" news ???

 

The post is targeted toward bringing foward the reference of views given by the Supreme Court against 498a, not for entertaintment purpose. Don't you ever use references from past datas in your life ???

 

That's why i also gave the date of the news with the post..  

Saurabh..V (Law Consultant)     12 August 2011

@Gaury

 

Certainly it's a joyful thought for you to think like that. People like you only see crimes against women and always cry foul play by men. So you would celebrates anniversary after anniversary cause amendment in law against women would make this govt. pay heavily on vote counts.

 

Govt. is not interested in any safety for anyone but themselves. If reservation for SC/ST or OBC for that matter doesnt yield any vote, they would snatch it right away. If women also become little sensible towards their indirect exploitation by such laws, India could again become marital bliss counrty.

 

//peace

/Saurabh..V

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 August 2011

What does Madam Gauri want to say: Is she throwing a challenge. "Let SupremeCourt or any other court say anything they want. Nothing will happen."  Is that so?

I suggest that someone, probably Mr.Deepankar himself, find out what happened in the one year after the judgment. I do not know how to find out, probably through an RTI application to Law Ministry.

1 Like

hema (law officer)     13 August 2011

This is very, very old judgment and entire judgment has been placed on this web site not less than half a dozen times.  As it is obiter dicta observation, it will not serve any one's purpose.

After this Law Commission of India has the opportunity to go through the gamut of judgments and filed its report.  But, the people obsessed to women bashing have neither time nor interest to go through the judgment.

Refer to the judgments delivered in the very year, 2010 where umpteen times, the highest court in Section 498-A read with Section 304 B cases observed how after 60 years of independent India the women are being treated at matrimonial homes and how they are mercilessly murdered or how they are forced to commit suicide.  Specially refer to justice Katju judgments in the same year.

If any one wants to be unbiased, then quote other judge's judgements also of the same year, instead of repeating the same judgement time and again .  If there is misuse of Sectin 498-A, equally there is misuse of direct and income tax laws.  According to the observation of Sh. A.K. Ganguly, present sitting judge of the hon'ble supreme court, the most misused section in IPC is Section 307, attempt to murder.  For what courts are there?  To stop the misuse.  It is also one of their duties.  It is not, just by saying misuse, one cannot demand the repeal of the section or Act.  If there is misuse, there is inbuilt provision also to stop the misuse.  If real statistics are taken, the worrying factor is not misuse of Section 498-A.  But non-exercise of Section 498-A by the vulnerable women.  These women are not just confined in rural areas.  Even urban women also are hesitant to use this section.  If it is repealed, the dowry takers, the wife beaters will have a field day to torment the women just like  in "good old golden days", when women were crushed just like bichhus under the chappal.  

2 Like

Ms Liberal (others)     13 August 2011

It needs to be ammended with the change in time. What the situation of the woman in 80's was not same as seen today .However it may also be modified according to the areas where unawreness is still there. Today in the eve of Raksha Bandhan, I can say that unmarried sisters too are also implicated with its misuse

2 Like

Aishwarya (Teacher)     13 August 2011

happy rakhshabandhan to everyone..


its high time there should be a 498 B....

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 August 2011

Madam Aishwarya can you give rough draft of 498B?

Aishwarya (Teacher)     16 August 2011

Ph D sahab..

If I knew about law other than the words that i get from here and there ,

i would have drafted one for sure..no doubt. but now that i cannot..

so you may give an attempt plz go ahead ..for the benefit of all..

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 August 2011

I am not a lawyer either. My Ph.D. is not in Law.


(Guest)

 

 

https://www.lawyersclubindia.com/forum/A-bigamist-deserves-the-toughest-punishment-supreme-court-42564.asp

please go throung this thread , how people's view  changes when gender changes!!!!


(Guest)
Originally posted by :Saurabh..V
"
@Gaury

 

Certainly it's a joyful thought for you to think like that. People like you only see crimes against women and always cry foul play by men. So you would celebrates anniversary after anniversary cause amendment in law against women would make this govt. pay heavily on vote counts.

 

Govt. is not interested in any safety for anyone but themselves. If reservation for SC/ST or OBC for that matter doesnt yield any vote, they would snatch it right away. If women also become little sensible towards their indirect exploitation by such laws, India could again become marital bliss counrty.

 

//peace

/Saurabh..V
"

Saurabh, do general caste people do not give vote??I could not get the point..how these laws exploit women ??

When India was a Marrital blissful Country???

R u talking of Draupadi, Seeta, Urmila,Rup Kanwar or some one else?These are indian women whose tears were never seen by any one in their lives.There are many who are living lives of these women...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 August 2011

Madam Utpala Kaur

 

do general caste people do not give vote? I could not get the point.

 

 

This post is not on caste. But Madam Kaur should get reply.

 

There are 2 words in Indian politics which create a mindset. They are “secular” and “social justice”.  Secular means support Muslims, let Hindus go to hell. Social justice means support OBC’s.

 

This is Hindu majority country. If a party can count on Hindu votes, BJP would have been permanently in power long ago.

 

Hell with the Manuvadis. They have exploited and enjoyed so long. Now is the turn of OBC’s. That is social justice.

 

I can write still more. But here the topic is not casteism.

 


(Guest)

Yes this discussion is not about caste neither about politics.So I asked Saurabh that question.

I am not interested to learn politics from u neither I want to be busy with narrow thoughts like SC/OBC/ST .Better u teach Saurabh.

1 Like

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