Wednesday, August 18, 2010

UNHEARD but TRUE FACE OF DOMESTIC VIOLENCE IN INDIA – MARD KAHAN BELL BAJAIN

 

A short film by Rishiraj Mistry challenging the social stereotypes around genders.See how the social attitude based on Assumptions is harming the Men of the society...  This movie won the 1st Runner Up at “Hot Shorts 3″ competition.

See it to hear it.

UNHEARD but TRUE FACE OF DOMESTIC VIOLENCE IN INDIA – MARD KAHAN BELL BAJAIN

 

 

IPC 498a misuse -Ensure Due Process

IPC 498a misuse -Ensure Due Process

It is welcome that the Supreme Court has asked the Law Commission and the law ministry to review anti-dowry laws. The apex court has rightly taken cognisance of the rising number of frivolous cases throughout the country under Section 498A of the Indian Penal Code. The section defines the offence of matrimonial cruelty and was inserted in 1983 to act as a deterrent to dowry violence and dowry deaths. Undoubtedly, these are heinous offences. But the degree to which Section 498A has helped correct them is uncertain.

At the same time, it has had perverse effects. Successive court rulings have reiterated the notion that it's a law open to abuse. And among the worst sufferers from such misuse have been women.

The most controversial feature of the dowry laws is that they contravene the principle of due process of law. In normal criminal cases, an accused is considered to be innocent unless proven guilty. Section 498A being a cognisable offence allows police to arrest a person and his whole family without a warrant. Moreover, these come under the category of non-bailable and non-compoundable offences.

Clearly, there exists considerable scope for the law's misuse for ulterior motives. Ironically, there is no provision to deal with false complaints except the law against perjury, which is hardly taken seriously in Indian courts. Therefore, it is important to introduce better safeguards in the anti-dowry laws in the light of changed social realities. The solution to domestic violence may not be draconian laws, but greater awareness and improved functioning of law enforcement authorities.

http://timesofindia.indiatimes.com/home/opinion/edit-page/Ensure-Due-Process/articleshow/6326010.cms#ixzz0wtV2XI6b

Review of 498A cases could help

Review of 498A cases could help

The Supreme Court’s observation that the Centre should reassess the stringent provisions of section 498A of the Indian Penal Code (IPC) can be welcomed only ambivalently. While many of the cases filed under it involve misuse of the provisions, it is also necessary to recall why the special section was introduced in the first place: the innumerable cases of dowry harassment and deaths of young women across the social strata. When dowry-related oppression assumed epidemic proportions, many women sought — and got — draconian penal provisions. Unfortunately, there is as yet no study to show that 498A has helped curb this menace or reduced dowry deaths significantly. However, the courts are awash with cases where 498A has been misused by women for ulterior motives. Many women police officers who investigate and prepare dowry harassment cases have confessed to instances of misuse. But the issue is how much misuse has there been? Anecdotal evidence is not enough.

The court’s dilemma is understandable but not unique. It has to unravel the false cases so that innocent persons are not punished. But instances of abuse are not confined to section 498A. In fact, abuse is part and parcel of any special purpose law — whether it is anti-dowry or anti-terrorism or anti-untouchability. To deal with a big problem, the law is often tailored to make it easy for the law-enforcement agencies to nab the guilty, but, in the process, some innocents do suffer. It can be argued that section 498A skips some of the procedural safeguards in its anxiety to avert delays and loopholes in providing succour to victims of dowry harassment. The fact that some provisions are being misused means we need more robust mechanisms to verify the authenticity of complaints, and swift redressal when things go wrong.

There are two sides to the coin. If crimes against women are seen to be a bigger problem than victimisation of unwary men and their families, the law will tilt towards the former. This is the justification for laws like UAPA and the Armed Forces Special Powers Act, which are draconian in nature. The remedy lies in proving that these laws harm more than they protect.

http://www.dnaindia.com/opinion/editorial_review-of-498a-cases-could-help_1424938

IBN7 discussion on SC judgment on misuse of 498a, warranting for serious relook of the entire provision by the legislation – True lies of Feminists Ranjana kumari caught on national channel unearthed red handed

IBN7 discussion on SC judgment on misuse of 498a, warranting for serious relook of the entire provision by the legislation – True lies of Feminists Ranjana kumari caught on national channel unearthed red handed

 

PART 1/2

 

 

 

PART 2/2

 

 

 

Full text of SC judgment is available here

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/sc-quash-misuse-of-498a-ipc-govt-to.html