Misuse of "Gender biased laws" with special reference to Section 498A of IPC
It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.
The main reason for unrest in the family life is laws is demand for dowry and domestic violence they are the biggest social evils facing our society, and no civilized society should tolerate this and every effort should be made to eradicate this evil, people giving and demanding dowry and doing domestic violence should be punished severely, but other side of coin, often unlooked upon should not be ignored. And this side of the coin is the misuse of these provisions by some unscrupulous wives to wreak havoc on husband and family and misuse of these laws endanger the institution of marriage as well.
It feels constrained to comment upon the misuse of the provisions to such a extent that it is hitting at the foundation of marriage itself and has proved to be not so good for the welfare of the society at large so there is great need felt for stopping the misuse of the section 498A of IPC.
The biased nature of domestic violence act and anti dowry laws favors misuse by women .under these laws the burden to proof is on accused. under this act the wife and her parents or any other social service group can file a Case in behalf of the wife under section 498A of the IPC and can charge any or all the husbands family for physical or mental cruelty.
Husband or relative of husband of a woman subjecting her to cruelty.- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation. - Forthepurposeofthissection, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health(whether mental or physical) of the woman ,or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand. Characteristic of 498-A Indian Penal Code.
Characteristic of 498-A Indian Penal Code.
It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bonafide and are filed with oblique motive.
The judicial recognition of blatant misuse of these laws is not new way back in 1987
In Balbir Singh V. The State of Punjab observed:-
Through the amendments introduced in the penal code are with the laudable object of eradicating the evil of dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relative's i.e. fast emerging. It is the time to stop the unhealthy trend which results in unnecessary misery and torture to numerous effected persons and sometimes not just ruined their life but also social status of the family.
In Saritha Vs R. Raamachandra observed:-
that the court would like to go on the record that for nothing the educated women are approaching the courts for divorce and restoring to proceedings against in laws under 498a, IPC this is nothing but misuse of the beneficial provision intended to save the women from unscrupulous husbands. It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the courts. And the sanctity attached to the marriage through conciliatory efforts till last, are being buried neck deep. It is for the law commission and the parliament either to continue and bailable so that ill educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egoistic wife.
The misuse of Section 498-A can lead insurmountable harassment agony and pain to the complaint accused and his close relations. So it's very necessary that allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protected criminal trials lead to rancor, acrimony and bitterness in the relationship amongst the parties. it is also a matter of common knowledge that in cases filed by the complainant if the husband or the husbands relatives had to remain in jail even for some time , it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.
The main reason for unrest in the family life is laws is demand for dowry and domestic violence they are the biggest social evils facing our society, and no civilized society should tolerate this and every effort should be made to eradicate this evil, people giving and demanding dowry and doing domestic violence should be punished severely, but other side of coin, often unlooked upon should not be ignored. And this side of the coin is the misuse of these provisions by some unscrupulous wives to wreak havoc on husband and family and misuse of these laws endanger the institution of marriage as well.
It feels constrained to comment upon the misuse of the provisions to such a extent that it is hitting at the foundation of marriage itself and has proved to be not so good for the welfare of the society at large so there is great need felt for stopping the misuse of the section 498A of IPC.
The biased nature of domestic violence act and anti dowry laws favors misuse by women .under these laws the burden to proof is on accused. under this act the wife and her parents or any other social service group can file a Case in behalf of the wife under section 498A of the IPC and can charge any or all the husbands family for physical or mental cruelty.
Husband or relative of husband of a woman subjecting her to cruelty.- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation. - Forthepurposeofthissection, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health(whether mental or physical) of the woman ,or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand. Characteristic of 498-A Indian Penal Code.
Characteristic of 498-A Indian Penal Code.
- Cognizable – The accused can be arrested and jailed without warrant or investigation.
- Non –Compoundable - The complaint cannot be withdrawn by the petitioner ( chances of living together again are lost)
- Non Bailable – The accused must appear in the court to request bail.
It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bonafide and are filed with oblique motive.
The judicial recognition of blatant misuse of these laws is not new way back in 1987
In Balbir Singh V. The State of Punjab observed:-
Through the amendments introduced in the penal code are with the laudable object of eradicating the evil of dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relative's i.e. fast emerging. It is the time to stop the unhealthy trend which results in unnecessary misery and torture to numerous effected persons and sometimes not just ruined their life but also social status of the family.
In Saritha Vs R. Raamachandra observed:-
that the court would like to go on the record that for nothing the educated women are approaching the courts for divorce and restoring to proceedings against in laws under 498a, IPC this is nothing but misuse of the beneficial provision intended to save the women from unscrupulous husbands. It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the courts. And the sanctity attached to the marriage through conciliatory efforts till last, are being buried neck deep. It is for the law commission and the parliament either to continue and bailable so that ill educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egoistic wife.
The misuse of Section 498-A can lead insurmountable harassment agony and pain to the complaint accused and his close relations. So it's very necessary that allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protected criminal trials lead to rancor, acrimony and bitterness in the relationship amongst the parties. it is also a matter of common knowledge that in cases filed by the complainant if the husband or the husbands relatives had to remain in jail even for some time , it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.