It is now used as a weapon by a woman against other

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women like husband’s sister, mother and other female relatives. It is now used as a weapon by a woman against other woman resulting in ‘cruelty’ to those who are the victims of false complaints. It is understood that women’s organization are agitating against any step being taken to make the offence under Sec 498A as bailable and compoundable. 7 How can the human rights of husband or his relatives be seriously violated without any effective remedy? 5. Time is ripe now that women’s organization should be made to realize that Sec 498A is for protection of the married women and not to be used as a weapon to harass or cause mental or physical suffering to husband or to his relatives. The need for a balancing norm is imperative, so that while protecting the married women, the need to protect the husband or his relatives is also met by the legal process. 6. The apex court in Arnesh Kumar’s case 8 observed that a complaint under Sec 498-A allows immediate arrest and jailing of the accused, since the offence is cognizable and non-bailable. This is evidence of violation of human rights, if the complaint is false and 7 It is reported that the Ministry of Women and Child Development has dropped the amendment. Supra Foot Note .1. P.11. 8 Refer to Special Leave Petition (Crl) No. 9127 of 2013 decided on 2/7/2014.
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4 motivated. The apex court also observed that complaints under Sec 498-A were being filed with an oblique motive to wreck personal vendetta. 9 In the light of this observation, the need to consider the issue as to how the complaints in false cases be dealt with suitably to protect the human rights of the victim’s involved in the prosecution. This has been reiterated again by apex court in Joginder Kumar’s case. 10 The power of arrest should be exercised, when it is imperative 11 and not as a matter of routine. The facts and circumstances of each case need a thorough examination before the power of arrest is invoked.
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