Cruel marriage law being misused, so don't rush to arrest: C

For years, there has been loud debate and even orders from courts to do away with or, at least, amend Section 498 A of the Indian Penal Code (IPC), which deals with the offence of matrimonial cruelty. This clause is considered to be rampantly abused, with several examples of husbands and their families being arrested without a preliminary inquiry on allegations of harassing their wives for a range of reasons, including dowry. Now the Ministry of Home Affairs has written to all state governments, advising them that arrest for an alleged offence under Section 498A should be the “last resort,” not the first step. In a communication sent to the Chief Secretaries and DGPs of all states and the Administrations of the Union Territories on October 13, the MHA has cited misuse of the clause. “In some cases, every member of the husband’s family has been arrested, irrespective of whether they had a role in inflicting cruelty on the married woman or not. In some cases, the provisions have been used to settle personal scores. Cases have been reported where momentary anger has resulted in invocation of Section 498A, which resulted in the arrest of the members of the family shutting down any possibility of reconciliation in future and total collapse of the marriage. Even where there is a divorce proceeding, the case under Section 498A continues to persist because of the offence being non-compoundable,” the letter says.Section 498A, incorporated in the IPC in 1983, provides for adequate punishment for any cruelty inflicted on a married woman by her husband and his relatives. The maximum punishment under the Section is three years and/or fine.The MHA letter, incidentally, says that in light of judicial pronouncements, an attempt was made earlier to find a via media by amending Section 498A to make the offence compoundable. “However, this could not be pursued because of the opposition from women organisations,” the letter says. Incidentally, in its judgment in Savitri Devi vs Ramesh Chand and others in 2002, the Delhi High Court observed: “...the misuse of the provisions of Section 498A...is hitting at the very foundation of marriage itself and has proved to be not so good for the health of the society at large.” This was echoed by the Supreme Court in Sushil Kumar Sharma versus Union of India and Others. “The object of Section 498A is to prevent dowry menace. But...many instances have come to light where the complaints are not bonafide and...filed with oblique motive. It may become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with.”In 2003, the Justice Malimath Committee, submitted a report to the MHA on reforms in the Criminal Justice System, recommended that the Section be made bailable and compoundable to give a chance to the spouses to come together.

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Comments

16 years ago H B SUBRAHMANYAM

The Section 498-A was enacted without application of mind and in utter haste, and under pressure from Feminists who are mostly "liberated".

16 years ago tapas banerjee

Thanks to MHA of Govt. of India. I am the victim of such misuse of the law. My wife was suffering from epilepsy and mental disease.I treated her in the best Govt. Hospital that is SSKM and in Bangur Institute of Neurology for more than 5years.But she committed suicide and my whole family was arrested stat. During this long time of her treatment the family of my wife never wanted to know wht is going on and never accompanied me in the hospital.On the contrary they forged her signature and captured the parental part of the house which she is the owner as per hindu law. At the time of marriage I did not accept not a single rupee and no gold.But they alleged that i took 40,000 Rs. in cash and 25 Vari of gold.What a false statement they made in the FIR. Thank God they could not proof it in the court anything and we were released from the district court with flying colors. But impact of jail of our family is unaccountable because my father died in heart attack just after the release from the all allegations.But my question is about our family reputations. Still now I cant talk loudly to protest against anything and when I walk through the road still some whispering come into my years. I pay my gratitude to MHA for their timely action against the most dangerous sec.498A.

16 years ago vimal mehta

it is very true that 498-A is one of most misused legal provision, but at the same time it should not be softened enough to loose its very importence. if its made bailable then the real accused will get benifit from it. the best apporach is to register FIR after preliminary enquiry and failure to consiliate the matter. thus to stop false implication.

16 years ago Dinyar

My law college professor always said that the British made laws which were totally impartial. The indian legislature has not been fair to men. We have lopsided legislation and its creating problems now. Feminist jurisprudence advocated by various women's organisations is a perversion of justice system.

16 years ago MRKGANDHI

A realistic approach and this will meet the need of the hour. Unfortunately even remotely related relatives are being dragged into the family mess. I know a recent case in Hyderabad (Medcherla) that husband's brother who never lived with the complaining wife's family; but she named the husband's brother and Police arrested and magistrate intentionally did not take up bail petition. So ultimately he was put to Cherlapalli jain. Here even the court acted unfairly; though police pick up the person in the early hours. It is sad commentary; as superior courts observed the people will lose faith in marriage.