The growing misuse of dowry harassment and domestic violence prevention laws has forced the government to contemplate making changes in them.
Rampant misuse by women to settle scores with in-laws forces corrective measures in the legislations NEW DELHI: The growing misuse of dowry harassment and domestic violence prevention laws has forced the government to contemplate making changes in them.
The Indian Penal Code’s (IPC) section 498A is a cognisable, non-compoundable and non-bailable offence which was drafted to protect married women from cruelty subjected to her by her husband or in-laws mainly for the purpose of dowry. But disgruntled women have rampantly used this section as one of the foremost legal weapons to settle scores in bad marriages.
Hence, to prevent its misuse, the ministry of women and child development consulted a panel of lawyers on Thursday to explore possibilities of making it a bailable offence and removing names of parents and sisters of the husband from its purview. Efforts are on to make the domestic violence law gender-neutral.
“Section 498A should be used sparingly. But now, it has become a trend to convert every quarrel between a husband and wife to a dowry harassment case,” said Meenakshi Lekhi, a supreme court lawyer.
Women and child development minister Renuka Chowdhury said rampant misuse of these laws is making them less effective.
Interestingly, a large number of complaints have come from women themselves, mainly mothers-in-law and sisters-in-law. According to National Crime Records Bureau figures quoted by NGOs working on marital harmony, about 1.2 lakh women have been falsely implicated under section 498A.
The Delhi and Chennai high courts have recently issued directives to their respective state governments on ways to prevent the misuse of section 498A. In these states, no case under section 498A can be registered or arrests made without proper investigations and prior approval of the deputy commissioner of police or additional deputy commissioner of police.
Arrests can be made only after the investigations are complete and there are sufficient charges against the accused husband.
The courts have also set directives asking lawyers to refrain from putting wild allegations while drafting complaints.
p_vineeta@dnaindia.net 
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}