First time readers refer to IPC 498A – The most draconian law for reference and continuity.
Friday, March 21, 2008
Consequences of IPC 498A
IPC 498A
IPC 498A – The most draconian law ever framed and a provision of the Indian Penal Code highly misused till date has been conferred the honor of breaking Indian families all over the world. From a definition and layman point of view, it seems a very productive and needed law. It has defined HARASSMENT of the MARRIED WOMAN or any of her relatives, herein referred to as harassment, to meet any UNLAWFUL DEMAND by the husband and / or his relatives as a cognizable offence and if proved guilty under trial can lead to imprisonment up to 3 years and / or fine. But all is not said and done with this law. There are gory loopholes in its definition, interpretation and implementation which can have far-reaching consequences legally, ethically, morally, emotionally, socially which are detrimental to the very existence of this society, whose welfare was upheld as the basis in the framing of such a draconian provision. Sounds, strange, ironical, but is surprisingly true as well. Let us have a look at how the law qualifies itself to be placed under the contentious category of DRACONIAN LAWS. We shall start with its definition and loopholes in this article and end with its consequences in the sequel to this one. Remain hooked to this space.
2) Cognizable
3) Non Compoundable
2) Cognizable: The accused shall be presumed GUILTY until PROVEN INNOCENT. It also puts the burden of proof to innocence on the accused, i.e., if someone has been accused of the UNLAWFUL DEMAND, as described above shall need to prove that such a demand HAS NOT BEEN MADE for acquittal. It also gives the power of arrest to the police without any arrest warrant, who can arrest the accused, if necessary, after proper investigation.
3) Non Compoundable: The complaint, of such a nature, leading to an offence under IPC 498A once made cannot be taken back by the complainant.
2) As a monetary settlement is a very easy way out, even the executors of the legislative and the executive machinery in the law and order scenario, eyeing an opportunity in the available CUT, this misuse is patronized by them leading to its legalization under the false paradoxical sugar coated veil of WOMAN EMPOWERMENT and LIBERATION OF WOMEN. Also the
3) Long live the Indian Legal System (still living in the dark ages), cases remain pending for years and are not settled, so the outcome of the trial happens like one in a million, hence conviction being next to impossible, the girls’ side in tandem with the legislative and executive machinery squeeze out the juice from the Man’s purse and have a field day.
4) The reason for initiating such a case as explained in the first point is just one of the many reasons leading to filing of such cases. There can be umpteen number of such reasons like, adultery, extra – marital affair, unwanted pregnancy, incestuous relationship of the girl with some of her family member, unexplained desire for no interference and financial control, extreme greed, leveling of petty marital discords under the devilish influence of false ego, pre-marital undisclosed mental disorders like Bipolar Disease, Borderline Personality Disorder, Delusional Disorder, Extreme mood swings to name a few. Under such scenarios it becomes very handy for the girls and their families to file a FALSE DOWRY CASE and get out of the marriage having made an obnoxious and inauspicious fortune.
5) But whatever be the reason, the undue sentimental balance of the legislative and executive machinery towards a particular class of women, the ease with which the case can be filed, the ease with which, on the basis of mere complaint of a lady, whose character and integrity remains to be questioned, one whole family ranging from small innocent children to pregnant sisters to aged, dependent and ailing parents are held at ransom and made to undergo unprecedented and uncalled for fury, wrath, torture, harassment, humiliation, character assassination, and many more atrocities, is also one of the major contributing factors to the spread of this family breaking disease called FALSE DOWRY CASE.
6) When we are small, we are taught many things by our parents, and other elders in the family. And sometimes it becomes necessary that we are punished as well to ensure that certain forbidden actions are never repeated nor a habit is made out of them. But as they say, TRUTH is STRANGER than FICTION, there is no, absolutely no punishment for filing a FALSE DOWRY CASE committing a crime of such a heinous nature. Rather, on the contrary, our honorable ministers are passing away the misuse falsely as a minor percentage and citing, “Mistake of facts” as the reason for the MINOR MISUSE they say is happening around. Will be covering more on the “Mistake of facts” syndrome in the sequel. This absence of punishment for alleging abuse falsely is the next major factor breast – feeding the monster called FALSE DOWRY CASE. The girls’ side very well knows that they have nothing to loose absolutely and hence they are all the more salivated to taste this piece of cake like a
7) On a brief note, the next reason lubricating the machinery of this racket of legal terrorism and legal extortion is the violation of the basic Human Rights Principle advocated by Amnesty International regarding the presumption of guilt on part of the accused. It says, the accused are to presumed INNOCENT UNTIL PROVEN GUILTY, while this law presumes GUILTY UNTIL PROVEN INNOCENT.
Expectancy vs. Acceptance
Dissatisfaction, disillusionment and fractured promises have become the buzzwords these days to reflect the state of most urban Indian nuclear families. Fingers are pointed out at the slightest provocation to highlight the differences between Expectancy and Acceptance. Two words which form the tirade of motion of nearly all troubles and stresses of modern urban uber fast life.
Reconciliation
Marriage as an institution has always been highly placed in the Indian sociological scenario. It has been always been seen as the first step towards settled life and laying the foundation of family. But as they say, “All human troubles start from the inability to sit quietly in a room,” this so called sacred institution has its own dark side. Where, on one hand, marriage provides a platform to two individuals coming from totally different backgrounds and albeit different mindsets to come together, understand each other and be each others support in life, financially, morally, spiritually, emotionally and physically, it has its own uninvited share of problems. The most talked of and debatable of the problems associated with marriage is DOWRY. Sometimes the girls’ family give dowry as a pre-assumption that the boys’ family shall keep the girl happy and sometimes it is seen from the boys side as compensation to take care of the girl. With increasing reports from the media about the torture meted out to the Indian Daughter-in-law about dowry harassment and deaths due to it, the Govt. of India formulated the Dowry Prohibition Act in 1961 and introduced Section 498A in the Indian Penal Code in the year 1983, wherein harassment of the ‘wife’ for dowry was named as a criminal offence and extremely strict measures were provided within its ambit to protect the ‘Married Woman’ from the clutches of money-hungry dowry demanders. It just required a written unverified complaint from the girl or any relative on behalf of the girl to file a criminal case against the ‘HUSBAND’ and his family members and they would be arrested immediately and sent to judicial custody until either they were bailed out or chargesheeted and trial ensued. But it was a very big catch there, since the provision gave the police discretionary powers of arrest, and that too on an unverified complaint, as also filing a false complaint under this offense and leveling false accusations against the HUSBAND and his family did not attract any punishment on the girl or her parents, a lot of false complaints have started pouring in.