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Our courts must not make sweeping observations in dowry cases

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Gyanant Singh
Gyanant SinghJan 07, 2016 | 12:23

Our courts must not make sweeping observations in dowry cases

To say that anti-dowry laws are not misused may be wrong, but repeated observations and guidelines by courts aimed at checking misuse of the provisions may be frustrating the very objective behind the laws enacted to counter the social evil. While there can be no two opinions on the need for courts to send a strong message by taking and recommending action in specific cases of abuse, there is a fear that general directions and observations by courts against dowry laws could be tilting the balance by prejudicing dowry harassment cases against victims.

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Giving a new dimension to the debate over section 498A (cruelty for dowry) of IPC which often hits headlines following observations by courts highlighting misuse, an NGO has pointed out in a PIL before the Supreme Court that the judicial and administrative guidelines issued from time to time may have frustrated the object of the provision by putting victims in a disadvantageous position.

According to media reports, the Social Justice bench of the Supreme Court has agreed to review the guidelines on FIR, arrest and bail in 498A cases, which pertain to cruel treatment of women by husband and in-laws for dowry. The bench presided over by Justice Madan B Lokur has sought the response of the ministries concerned on the PIL by ‘Social Action Forum for Manav Adhikar’ seeking a uniform procedure to be followed in section 498A and dowry cases.

The hearing is likely to bring the victims’ perspective to the fore as section 498A has often been debated in the backdrop of concerns expressed by courts against its rampant misuse by women against husband and in-laws. Following observations made by the Supreme Court while deciding an anticipatory bail case in July 2014, the government had even hinted at having initiated the process of diluting section 498A, which is a non-bailable offence at present. The hearing of the PIL — which highlights the counterview — should help the government take a decision on amendments, if required.

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The NGO, which has claimed that directions in the July 2014 judgment had taken away fear of arrests in 498A cases, has pointed out that a total of 24,771 dowry deaths were reported in the country in past three years. It further claimed that victims in anti-dowry laws cases were forced to opt for mediation or compromise due to unequal bargaining power.

To take strict action or call for action against women misusing the provision is one thing and repeatedly making general observations against 498A cases, given the influence observations by superior courts wields on lower courts, is another.

The observations in the 2014 judgment by Justice CK Prasad (since retired) had raised questions on section 498A in the form it exists. The fact that Section 498A is a cognisable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision,” Justice Prasad observed, while granting anticipatory bail to a husband.

Justice Prasad had made a general observation about the law being used as a weapon while stressing that the mandate of section 41 of the Code of Criminal Procedure (CrPC) on arrests (recording reasons for making or not making arrests) should be followed in dowry related cases. Incidentally, the inference that the law was being used as a weapon was not drawn from the facts of the case nor was it necessary for the court to make the observation merely for directing compliance of the provisions of CrPC.

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Evidently, rampant misuse of a provision is no ground to quash any particular case. Making or quoting general observations on misuse of section 498A — while deciding a particular case — only raises fears of bias in favour of the accused.

(Courtesy of Mail Today.)

Last updated: January 07, 2016 | 12:23
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