8 misuse of section 498a ipc section 498 awas

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(8) Misuse of section 498A IPC section 498 Awas originally designed to protect married women from being harassed or subjected to cruelty by husbands and their relatives. This law was mainly aimed at curbing dowry harassment. Unfortunately this law has been misused to harass men and their families rather than protect genuine female victims of harassment( ). In the wake of modernization, education, financial security and new-found freedom, the radical feminist lobby can however use 498A as a weapon. Many unfortunate husbands and in-laws have become victims of their vengeful daughters-in-law. Most cases where section 498A of IPC is invoked turn out to be fabricated as they are mere blackmail attempts by the wife or her close relatives, when faced with a strained marriage. In most cases of section 498A of IPC, the complaint is followed by demands for huge sums of money to settle the case out of court. Over the last two decades or more of criminal law reform, a common argument made against laws relating to violence against women in India has been that women should not misuse these laws. The police, civil society, politicians and even judges of the High Courts and Supreme Court of India have offered these arguments of the “misuse” of laws strongly. The 2003 Malimath Committee report on reforms in the criminal justice system also notes, significantly, that there is a “general complaint” that secti on 498A of the IPC is subject to gross misuse; it uses this as justification to suggest an amendment to the provision, but provides no data to support the contentions or to indicate how frequently
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Saira Salim, IJSRM Volume 05 Issue 10 October 2017 [] Page 7261 the section purports to being misused. It is important ther efore that such “arguments” are properly responded to, and that there is a clearer and properly documented picture of the impact of criminal provisions that were enacted to protect women () . Conclusion: It may be concluded that dowry a social evil exists in the society. Society continues to perpetuate the difference between a girl and a boy for the purpose of marriage, and it is this distinction, which makes the dowry system, thrives. It is very sad, that in our society, a female is considered a burden to a family or a liability for her parents. She is considered as a weaker section in our society. If we locate the origin of dowry we find that during the ancient period the dowry system was unknown. Vedic period was the golden period of women. Since marriage was considered essential for girls. During marriage the ritual of kanyadaan was an essential aspect, „dakshina‟ in the form of gold coin and cash was given to the groom. All this was done out of love and affection. After the Vedic period „Smriti‟s‟ and „Manu Smriti's‟ picturised women in subordinate position to men. Her educational rights were denied and then she was considered as a burden.
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  • Fall '19
  • HARASSMENT, Saira Salim

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