Misuse of 498a and Dowry prohibition act – Advisory issued to all states - Ministry of Home Affairs in consultation with the Ministry of Women & Child Development
Reconcilliation is legalised blackmailing cum extortion
Dowry Prohibition Act, 1961
Some complaints/ representations alleging misuse of Dowry Prohibition Act, 1961 have been received. These mainly relate to alleged harassment of husband and other family members using Section 498A of IPC.
A few suggestions were also received for amendment of these legal provisions. In order to lay to rest the allegations of misuse of Section 498A of IPC, the Ministry of Home Affairs in consultation with the Ministry of Women & Child Development have issued an Advisory on 20th October, 2009 to all the State Governments and Union Territory Administrations to comply with the procedures laid down by the Hon’ble Supreme Court in the case of DK Basu Vs. State of West Bengal (CRI CWP No. 539/86) and that in cases of matrimonial disputes, the first recourse should be to effect conciliation and mediation between the warring spouses and their families and recourse to filing charges under Section 498A IPC may be resorted to where such conciliation fails and where there appears a prima facie case under Section 498A and other laws.
This information was given by Smt. Krishna Tirath, Minister of State for Women and Child Development in a written reply to a question in the Rajya Sabha today.