Government plans to amend anti-dowry harassment law

Section 498A was introduced in early eighties to protect married women from being subjected to cruelty.

New Delhi | Published:March 15, 2015 1:01 pm

Plans are afoot to amend a criminal law that will allow compromise and settlement between husband and wife at the onset of trial in dowry harassment cases, a move that comes after frequent misuse of the provision to trouble men and their near relatives.

Under the proposal, Section 498A of the Indian Penal Code will be made a compoundable offence with the permission of the courts as suggested by the Law Commission and Justice Malimath Committee.

“A draft note for the Union Cabinet seeking to amend Section 498A of the IPC, making it compoundable, has been sent to the Law Ministry for drawing up the draft bill,” a Home Ministry official said.

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Now, the offence is non-compoundable and non-bailable which provides for immediate arrest of the accused. Conciliatory effort by the warring sides is virtually impossible.

A husband or his family members are presumed to be guilty till they prove their innocence in the court. The guilty is punishable with a jail term of up to three years.

There have been allegations that in many cases, husbands and their relatives are often charged with false dowry harassment cases by their wives or her family members when some marital problems arise.

If the offence is made compoundable, misuse of the law may come down hugely as there would be scope for initiating conciliation proceedings and out-of-court settlement.

Permission from a court will be a guarantee against attempts where a wife may be compelled into a compromise by her husband or in-laws, the Home Ministry official said.

Now, if a dowry harassment case is proved wrong or proved that the law is misused, only Rs 1,000 penalty is slapped. But the amendment provides for a Rs 15,000 fine.

Another new section is expected to be inserted to allow an accused to escape jail by paying a penalty.

Opposing the move to dilute the anti-dowry provision of the law, senior Supreme Court lawyer Indira Jaising said it is a law which gives relief and protection to harassed woman and it should be continued.

“Violence against women is a violation of human rights. There is no compromise of that. I would disagree with the government move,” Jaising said.

The Supreme Court had in a judgement in 2010 said as it stood now, the law had become a “weapon in the hands of disgruntled women”. It had also observed that serious re-look of the entire provision is warranted by the Legislature.

“It is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over-implication is also reflected in a very large number of cases,” the apex court had said.

Section 498A was introduced in early eighties to protect married women from being subjected to cruelty by the husband or his relatives involving newly-married brides.

A spate of dowry deaths in Delhi and elsewhere led to a campaign by some leading women members of Parliament pushing the government to bring the amendment.

A punishment involving imprisonment of up to three years is provided in the present law. The expression ‘cruelty’ has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security.

The Law Commission recommended that the offence under Section 498A should be made a compoundable offence with the permission of Court.

Justice Malimath Committee on Criminal Justice Reform also recommended that it should be made compoundable as well as bailable.

Last year, the Home Ministry had asked all state governments to be judicious in slapping Section 498A of IPC in matrimonial disputes as the provision may be used as “weapons rather than shields by disgruntled wives”.

In an advisory to the states and union territories, the Ministry had asked them to instruct their police officers not to automatically arrest a person when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41, CrPC (When police may arrest without warrant).

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  1. Y
    yuvaraj
    May 19, 2017 at 8:26 pm
    Hello frnds.. My sissister got married...now her husband married another girl. Already we filed tat in court wit 498A act... Still now there is no response from police and court... Is there any other idea to take immediate action by court side. Please suggest me some ideas.
    Reply
    1. R
      RajKumarsingh
      Jan 25, 2017 at 5:18 am
      This law should make that no one can gojail without any jaanch, padtal. False allegations should get hard punished.
      Reply
      1. V
        Venkat
        Feb 1, 2017 at 12:15 am
        If there are false allegations, the wives should be jailed for double the term (6 years)
        Reply
        1. D
          Dr. Raj
          Jan 18, 2017 at 4:50 pm
          498 anti dowry law is haring so many ppl lt;br/gt;jf we come together we can send an agenda to govt u can contact me at lt;br/gt;rajabhi2004@gmail,com
          Reply
          1. S
            syed
            Mar 22, 2017 at 8:58 am
            498a is missuse from long time now gov knows,we should take action,we family people dont need this law,many family's been trouble,no good job from police,india its 21st century,what world we living,u all make a group and fight,we dont get anything with out a fight,i am a victim,i fight for justice,if no justice in my luck,i am sure naxal will help me,r i get help from naxal,i say all those victims dont lose hop,
            Reply
            1. S
              syed
              Mar 22, 2017 at 9:03 am
              I am on let me be a part of 498a family
              Reply
              1. A
                Anurag Singh
                Oct 1, 2016 at 11:27 am
                Well said !!! IPC 498A must be amend.
                Reply
                1. A
                  Ashish Agarwal
                  Jan 4, 2016 at 2:23 pm
                  How can anyone be arrested without having been proved guilty? It seems Right to equality given by the consution is absolutely false in practice. Men have no rights in India. Men should be killed the moment they are borne in India. Arrest should happen only if someone is really found guilty. This law has destro the lives and dreams of so many males of India. More than 60,000 male suicides every year due to 498 A. This law must be repealed immediately. Now a days, this law is used by girls for making their husbands slaves and to separate them from their parents.
                  Reply
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