498A - A Ground Reality

498A - A Ground Reality


The rationalization, which feminists give, when someone discusses misuse of 498A is that all laws are misused. And it is no serious problem that the 498A is misused. This rationalization is nothing different of those individuals who take advantage of other less privileged. As a result of this obtuse reasoning (or not enough it), they've had the oppertunity to derail discussions around any changes in the existing law even when there is reveal Law Commission report (243rd volume) on misuse of 498A.


A lady is in need - she may be sexually exploited.

As a labourer is in need - he is able to be underpaid.

498A which can be most commonly and mistakenly referred as وکیل مهریه in persian is one of the provisions in law which has given an abundant power of legal abuse to women to harass and subdue the husband and in-laws. Nearly all women are acutely aware which they cannot bring the case to the stage that would cause the conviction of the husband or in-laws. They even don't want that being an end result. The sole result that they are looking for is playing havoc on the husband and in-laws. The havoc may be in terms of loss of employment, loss of work, loss of money. It may be havoc in terms of lasting psychological effects of being called to Police Station, arrest, manhandling/ beating by police. This all has resulted in suicides and suicide attempts by a large number of men every year.

The actions of such women are vexatious in most cases, where the woman commonly cries, "Theek kar doongi" (Would make you mend your ways) and also frivolous in other cases started to full cover up some action of hers which include such things as adultery, theft, some other information which has come to light which puts the woman concerned in bad light. What best solution to escape this but to put the blame on ubiquitous "Dowry ".

Oh! He charged me with Adultery - he wants وکیل طلاق.

Oh! He says that I gave wrong information about my education/ date of birth/ employment during the time of marriage - he wants dowry.

Oh! They say, I don't do household chores, am lazy, I've bad habits - they need dowry.

Oh! They say, I don't mingle with family, I'm a badass, I badmouth, I use profane language - they need dowry.

Oh! They say, I really do substance misuse, am alcoholic, am smoker - they need dowry.

But what aids the rise of false cases under Dowry Cases? The main reason is it is easy to file and no investigation is performed during the time of filing of case. Another reason is that husband and in-laws face the possible arrest, which can cause them to become cave-in and give to the demands of the lady. Another reason is that the case once filed may be settled anytime, Supreme Court and High Courts have made quashing of 498A fairly easy on the basis of settlement between the parties, even when it's a non-compoundable offence (except in Andra Pradesh). The biggest losers in this entire gamut will be the economically weaker men since they can not afford legal fees for lawyers in District courts, what things to talk of High Court.

It's not too higher judiciary, government or even women rights activists aren't aware of the issue with this menace. Time and again advisories has been issued by Ministry of Home Affairs to be judicious and cautious. High Courts and Supreme Court have even asked for relook and rethink the "non-bailable" and "non-compoundable" aspects of the law.

Even a few of the women's rights activists are aware that false cases defeat ab muscles purpose of stringent rules. "Increasing amount of false 498A cases is an hindrance for genuine women fighting for justice", though Supreme Court has brought a bold step with your choice of Arnesh Kumar vs State of Bihar, it is the political non-willingness which can be the root of all evil.



Report Page