Large-Scale misuse of IPC Section 498A (dowry-law) in India.

Sreedhar Basetti
USA

In urban India, majority families acquired best knowledge of IPC Section 498A, commonly called dowry-law in India, which is introduced to alleviate DOWRY from our society.

My intention of writing this article is to help both sides of the coin -bride and bridegroom, that giving and taking dowry is illegal as per our laws and there is a possibility that dowry receiver will have higher problems in the run, if they are blackmailed inside the marriage, using this Sec 498A.

Section 498 (A) of the Indian Penal Code makes it mandatory for police to book husband and his parents and other relatives/friends whoever being named on the complaint by wife or her close relatives and jail them.

This section is non-bailable, non-compoundable (complaint can't be quashed) and cognizable (arrests without investigation to start working on the case). There are several cases, without investigation initially, police arrests elderly parents, unmarried sisters, pregnant sisters. Few parents and sisters have committed suicide after spending some 5 to 15 days in jail. Whereas, Filing a dowry case is as easy as ordering a pizza. . There is no penalty (even a fine) for filing a false case.

By using following analysis/research, one would say, this section needs amendments or appropriation (bailable/compoundable) before it inflicts irreparable damage to institution of marriage in India.

Currently, there is no law/ways for husband and his relatives escape harassment from his wife, if she looses tolerance and respect for other's emotions exorbitantly. Also, in-laws are deeply resented, if a bride's morale is affected or is molded by her parents by learning her knowledge of this section for their mundane selfish reasons or in meeting their demands.

Today, Some of the estimated 15,000 abandoned wives in Punjab, 12,000 cases in Gujarat featured in Indian media. NRI husbands seemingly developed less tolerance to marital problems too. Perhaps, may be adjustment to an environment of the foreign land and thoughts of sharing equal responsibilities.

Women should also not loose a bit of tolerance and respect for other's emotions inside marriage, by considering this section as a misuse tool, after all.

It is estimated about 30,000 false dowry cases in India every year.

Also, most part of the world, domestic issues are resolved by civil laws, India is having this criminal law into it. There is no way, wife would acquire part of her husband's property or a lump sump payment from him, when marriage is irretrievably broken. I believe, this is another reason for high scale misuse of this section to pull money out of in-laws.

Poor or rural women or their husbands hardly knows about this law. Surprisingly, as per census statistics taken from indiastat.com, Indian married men/divorced men suicide rate is far higher (upto 3.2times) than married women, whereas it stands same for both, before marriage --http://www.frontlineonnet.com/fl1821/18210960.htm

USA state Dept. already warning citizens at : at "DOWRY/VISA DEMANDS" section about travelling to India for marriages, in other words, to avoid 498A. Please read about this 498A misuse on google with a search on "India 498A". Also,
http://www.indiatogether.org/manushi/issue120/domestic.htm

In one judgement, at 'high court of karnataka' ruling, Crl.A. no. 589 of 2003, decided on 4-9-2003 (case of M.F.Saldhana & M.S. rajendra Prasad JJ), Judge highlighted, in about 45% cases prosecution is thoroughly unjustified. There are other rulings from different parts of the country where Judges opined Law commission of India about decision to keep this Section in it's same form (eg: MANU/AP/0979/2002, Ms. Saritha vs. Ramachandra).

Only way possible in escaping this misuse by Indian male, to prove innocence in the court as a defendant, for which court case easily goes more than 2yrs., as per current rate. But, citing a rule that the service of an employee who remained in police custody for more than 24 hours would be terminated.

All my intention with this letter is to bring it to your notice to assist by disseminating, for purposes of securing institution of marriages and appropriate society in India. Hope this saga reaches lawmakers ears very soon by your help.

Disclaimer: This article is entirely my perception of scheme of things, and there is no attempt to cloud anyone's judgement or manipulate perceptions in anyway.

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