Dowry harassment law misused for extortion: Delhi Court
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http://legalmanthan498adowrymisuse.blogspot.com/2011/10/husband-in-laws-acquitted-in-dowry.html
By IANS,
NEW DELHI,
October 9, 2011
New Delhi : A Delhi court has acquitted a man and three of his family
members in a dowry harassment case, saying that legal provisions are
often misused for "human rights violations, extortion and corruption".
Asking the woman complainant to move on in life, Additional Sessions
Judge Kamini Lau said: "A word of advice for the complainant that not
all relationships in this world are successful. In fact, most
relationships which appear to succeed are only based upon compromises.
Let go of the past which is painful since attaching yourself to it will
only give pain and miseries and help none."
"I may further observe that section 498-A (penal provision on husband
or relative of husband of a woman subjecting her to cruelty) in recent
years has become the consummate embodiment of gross human rights
violations, extortion and corruption, and even the Supreme Court of our
country has acknowledged this abuse and termed it as 'legal terrorism',"
said Lau.
"The provisions of Section 498-A are not a law to take revenge, seek
recovery of dowry or to force a divorce but a penal provision to punish
the wrongdoers," the court said Friday.
"The platform of the courts cannot be permitted to be used to wreak
personal vendetta or unleash harassment and the tendency of the
complainant to come out with inflated and exaggerated allegations by
roping in each and every relative of the husband is required to be
deprecated," the court said.
"The obligation of the court is to ensure that innocent persons are
not put to harassment and to curtail the frivolous allegations at the
earliest stage by looking for due corroboration from the facts," she
said.
"The victims are often misguided into exaggerating the facts by
adding those persons as accused who are not connected with the
harassment under a mistaken belief that by doing so they are making a
strong case as has happened in the present case where the complainant
has involved the entire family of the husband - father-in-law,
mother-in-law and brother-in-law," said Lau.
The court was hearing an appeal filed by the prosecution against a
metropolitan magistrate's decision to acquit the woman's husband and his
relatives.
The prosecution stated that magisterial court while acquitting the
accused had not applied its mind as there was evidence on oath by a
witness who said that the material goods given by the family of the
woman to her husband at the time of the marriage were still with the
accused.
While acquitting the four accused in the case, Lau said: "It is not
safe to rely upon the uncorroborated testimony of the complainant."
"There is no independent corroboration of the allegations levelled by
the woman against her husband Sanjay Kumar, father-in-law Vijay Kumar,
mother-in-law Beena Devi and brother-in-law Ranjit," the court observed.
"When the entire family of the complainant including her own father
and brother have not supported her version in the court, perhaps wanting
her to move on in life, how then can one find fault with the order of
the trial court," the court asked.
http://twocircles.net/2011oct09/dowry_harassment_law_misused_extortion_court.html
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Husband, in-laws acquitted in dowry harassment case
NEW DELHI,
October 9, 2011
http://www.thehindu.com/news/cities/Delhi/article2523056.ece
Advising an alleged victim of dowry harassment to forget
the past and move on, a court here has acquitted four accused in the
case, saying that there is no independent corroboration of the
allegations levelled by the woman against her husband, father-in-law,
mother-in-law and brother-in-law.
While acquitting
Sanjay Kumar, Vijay Kumar, Beena and Ranjit, Additional Sessions Judge
Kamini Lau also observed that it was a case of misuse of Section 498A
(making unlawful demands from a married woman by the members of her
matrimonial home and subjecting her to cruelty for that) of the India
Penal Code as the woman had arraigned the entire family of her husband.
“….Section
498-A in recent years has become the consummate embodiment of gross
human rights violation, extortion and corruption, and even the Supreme
Court of our country has acknowledged this abuse and termed it as ‘legal
terrorism'. The provisions of Section 498-A IPC are not a law to take
revenge, seek recovery of dowry or to force a divorce but a penal
provision to punish the wrong doers. The victims are often misguided
into exaggerating the facts by adding those persons as accused who are
not connected with the harassment under a mistaken belief that by doing
so they are making a strong case as has happened in the present case
where the complainant has involved the entire family of the husband i.e.
father-in-law, mother-in-law and brother-in-law,” Ms. Lau observed.
The
judgment came on an appeal against the acquittal of the accused persons
filed by the prosecution submitting that there had been a miscarriage
of justice in the matter.
The appeal further said
that the Metropolitan Magistrate while acquitting the accused had not
applied her mind as there was evidence on oath by a witness who said
that the material goods given by the family of the woman to her husband
at the time of the marriage were still with the accused persons.
However,
the accused persons rebutted the charge saying that the matter had been
settled and all the goods had been returned to the woman. In support of
it they also produced before the court the memo of understanding duly
signed by the woman and members of her husband's family.
Further,
the father and the younger brother of the woman also refused to support
her charges against the accused persons. She alleged that her husband
used to harass her father for television, fridge, scooter and a gold
chain. She further charged that she was once admitted to a hospital for
treatment of her injuries caused by her husband and her father had paid
the medical bill but her father refused to support it.
Her
father and brother separately submitted before the court that the
victim had no concern with the accused persons, and she was likely to
separate from him.
Quoting a relevant stanza from a popular lyric of famous Urdu poet Sahir Ludhianvi which reads: “Taaruf
rog ho jaaye to usko bhoolna behtar; Taalluk bojh ban jaaye to usko
todna achcha; Vho afsaana jise anjaam tak laana na ho mumkin; Use ek
khoobsoorat mod dekar chhodna achcha,” Ms. Lau dismissed the appeal and said that “now is the time for the complainant (woman) to move forward”.
***
http://www.expressindia.com/latest-news/court-raises-concern-over-false-dowry-cases/857523/
Court raises concern over false dowry cases
New Delhi
Expressing concern over misuse of penal provisions for
dowry harassment, a Delhi court told women that it is better to get out
of a sour marriage instead of becoming vengeful.
The court’s concern was expressed during a ruling by Additional
Sessions Judge Kamini Lau, upholding the acquittal of a man and his
three family members of the charges of harassing his wife. She cited a
Supreme Court verdict that termed it as “legal terrorism”.
“I may observe that Section 498A (subjecting woman to cruelty) of
IPC in recent years has become a consummate embodiment of gross human
rights violation, extortion and corruption. Even the SC had acknowledged
this,” ASJ
Lau said.
