Legal Law

498A – A Fundamental Reality

The rationalization that feminists give when someone talks about the misuse of 498A is that all laws are misused. And misuse of the 498A is not a big problem. This rationalization is no different from those people who take advantage of other less privileged ones. Due to this obtuse reasoning (or lack thereof), they have been able to deflect discussions of any changes to the existing law, even when there is a detailed report from the Law Commission (volume 243) on the misuse of 498A.

A woman is in need, she can be sexually exploited.
Since a worker is in need, he can be paid badly.

498A, which is more commonly and erroneously known as dowry law in India, is one of the provisions of the law that has given abundant power of legal abuse to women to harass and subdue husband and in-laws. Most women are well aware that they cannot take the case to the point that it would lead to the conviction of the husband or in-laws. They don’t even want that as the end result. The only result they seek is to wreak havoc on the husband and in-laws. The chaos can be in terms of job loss, job loss, loss of money. It can be chaos in terms of the lasting psychological effects of being called to the police station, arrest, mistreatment / beating by the police. All of this has led to suicides and suicide attempts by thousands of men each year.

The actions of these women are irritating in most cases, where the woman commonly cries, “Theek kar doongi” (I would make you amend your ways) and also frivolous in other cases, she began to hide some action of her that includes things like adultery , Stole. , some other information that has come to light that puts the woman in question in a bad position. What better way out of this than to blame the ubiquitous “Dote.”

Oh! He accused me of adultery, he wants a dowry.
Oh! Says I gave incorrect information about my education / date of birth / employment at the time of marriage; wants dowry.
Oh! They say, I don’t do housework, I’m lazy, I have bad habits, they want the dowry.
Oh! They say, I do not relate to the family, I am a rude, I speak badly, I use profane language, they want a dowry.
Oh! They say, I do substance abuse, I’m an alcoholic, I’m a smoker, they want a dowry.

But what helps the emergence of false cases in dowry cases? The main reason is that it is easy to file and there is no investigation done at the time of the presentation of the case. Another reason is that husband and in-laws face possible arrest, which can cause them to give in and give in to the lady’s demands. Another reason is that the case, once filed, can be resolved at any time, the Supreme Court and Superior Courts have made it quite easy to annul 498A based on an agreement between the parties, even when it is a non-aggravating offense. (except in Andra Pradesh). The biggest losers across this range are the economically weaker men, as they cannot afford the legal fees of attorneys in district courts, let alone Superior Court.

It is not that senior judicial, governmental or even women’s rights activists are unaware of the problem of this threat. Time and again the Home Office has issued warnings to be judicious and cautious. The Superior Courts and the Supreme Court have even called for a review and rethinking of the “non-bailable” and “non-compound” aspects of the law.

Even some of the women’s rights activists are aware that bogus cases go against the very purpose of the strict rules. “The increase in the number of false 498A cases is also an obstacle for genuine women fighting for justice”, although the Supreme Court has taken a bold step with the decision of Arnesh Kumar against the state of Bihar, it is the lack of will politics the root of all evil.

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