“An unjust law is itself a species of violence.
Arrest for its breach is more so.” Mahatma Gandhi
498a
IPC and DV act 2005, (commonly known as Dowry prohibition act and Domestic Violence prevention act); laws that were actually meant to protect women against any
kind of domestic violence or dowry, are increasingly being misused by women for
various reasons. Survey report by Rakshak foundation has shown that fake cases
are filed with intention of legal extortion (to get richer easily), followed by
prior relationship, adultery, domination, and fraudulent marriages.
The WHO has explicitly mentioned that
498A is one of biggest reasons for elder abuse in India.
Today,
institution of marriage, which is considered as most sacred relationship in Indian
society, is at risk. Earlier, whenever there would be any marital conflict,
elders of the families used to counsel the both, husband and wife. But today, whenever
any marital dispute happens between husband and wife, such wife with some
special intentions, threatens to sue or actually sues husband and his relatives
(even if relative are residing somewhere else) under these, so called, women
protection laws. Moreover, elders from the bride family usually, also support
their daughters in filing false cases so as to extort as much money as possible
from the bridegroom’s family.
Today,
whenever any honest and innocent married man comes across the term 498a IPC, a
sense of fear, frustration and depression goes in his mind. I have come across
some cases where female filed fake case, did out of court settlement, got money
and married again and husbands for the sake of reputation did out of court
settlement. A number of fake cases, I can quote here.
Supreme Court
of India once said, “But by misuse of the provision (IPC 498a - Dowry and
Cruelty Law) a new legal terrorism can be unleashed. The provision is intended
to be used a shield and not an assassin’s weapon”.
“Miya-Biwi Nauk Jhonk” which is shown as
a part of married life in various comedy shows (e.g. ‘Comedy Nights with
Kapil’) and movies is also covered under definitions of DV act 2005. So, in
legal terms, these kinds of shows and movies are also promoting domestic
violence in the society in a sense.
Once
a case is filed, whole family is sent to jail without proper investigation. A
family, which has never been out of their honest world, suddenly finds
themselves at a place where their social status, reputation formed with honesty,
hard work and struggle of many years, comes to an end. Parents, usually in
their 60s, see their last days in jail. Husbands lose their jobs, positions and
dignity that they have earned with their hard work due to such false cases.
They have to live their whole life with this stigma and in depression.
If,
case is proven wrong, which happens in most of the cases, husband is not
entitled to file any defamation case against his wife and her family. Even if,
with the help of God’s grace and past good deeds of his, he is able to file a case
of divorce on the ground of fake 498a case, it is the man again, who will have
to suffer in the name of compensation to his wife. And in case of settlement,
most of the time settlement takes place on the term of separation of husband
from his family. So, again, a family that was united for 3 to 4 decades breaks
within few days. And reason?, parents married their son.
Now
question arises, why these cases are increasing? Reasons and intentions may be
many but one of the most important reasons is Indian political system. There is
no political will to amend these acts as every political party today is running
after, so called, 49% votes of women. TV ads are openly promoting this 49%
agenda. On one hand we talk about women empowerment, while on the other hand,
in the name of empowerment, we are promoting a culture of hatred, negativity
and disbelief in the society.
Now,
I was wondering, what’s the difference amongst cases of extortion, and such false cases? In terms of money, value that they get may be same but as far as extortion is concerned it is considered as illegal in front of law but
false cases under women protection acts are supported by the law so as to
extort money from the family.
We
continuously come across false allegations of sexual assaults through various
media reports; where investigators are able to physically verify the false
allegations. But, in fake cases under DV act and 498a IPC, there is nothing
much available to verify.
Suggestions: I, personally, believe that there
should be provision of penalty for false cases under DV act 2005 and 498a IPC.
Husband and his relatives should not be arrested mere on the basis of false
allegations. Justice
Malimath committee recommended that IPC 498a be made bailable and compoundable.
There must be provision for filing defamation suit and compensation to husband
and his relatives. Man, who loses his job due to fake case, should get his
position with dignity back.
Thank
God! I am not married and have no intention of getting married in India.
