Dowry harassment: Cops go easy on arrests after AP high court fiat

Dowry harassment: Cops go easy on arrests after AP high court fiat

Mahesh Buddi, TNN Jan 31, 2014, 05.08AM IST

HYDERABAD: Section 498-A of the Indian Penal Code (IPC) is meant for protection of women from domestic harassment. However, the conviction rate in dowry harassment cases is about 5 per cent, with the police blaming false complaints as the main reason for it. Keeping in view the rampant misuse of the law, the AP high court recently issued certain guidelines to the police following which they are not making immediate arrests in case which comes within the purview of the said section.

In 2012, cops in both the city commissionerates had registered 3,042 cases under section 498-A (subjecting married woman to cruelty). In a recent judgment related to a dowry harassment case where the complainant implicated her mother-in-law's parents, the high court found fault with the victim and directed the police to follow certain guidelines while registering cases and making arrests under sections 498-A as well as sections 3 & 4 of the DP Act.

In another case, a 29-year-old housewife, Rehana Begum from Asifnagar recently approached the Central Crime Station (CCS) sleuths asking them to include the name of a man from her neighbourhood in a dowry harassment case. When the investigators told her that only her husband's immediate family members can be booked in a dowry harassment case, the victim came up with a shocking reply. "The complainant said that her late father-in-law has become a ghost and is harassing her everyday by entering the body of her neighbour," CCS DCP G Pala Raju told TOI.

Another complainant, Suchitra, from Malakpet, approached the police accusing her husband and sister-in-law of harassing her. The complainant said that the two-year-old daughter of her sister-in-law cries at night and therefore disturbs her marital life, police said.

In a separate case, one Sarita Sri, 26, from Secunderabad asked the police to include her Canada-based sister-in-law's name in the list of accused, claiming that her phone calls to the husband were the reason behind discord in her married life.

Police are now hoping that new guidelines would bring some relief to the wrongly accused in harassment cases. As per the HC guidelines, all complainants should be first sent to a professional family counsellor. If the complainant still wants to go ahead with registration of a case and names her husband's family members as the accused, the investigating officer should list the family members as an accused only if they have been living under one roof with the complainant for a considerable period of time. Also, if an investigating officer wants to arrest the family members or the husband after gathering sufficient evidence, he should first obtain permission from the officer of the rank of the SP or above.

Easing the law

Cops have come across several cases wherein women lodged false dowry harassment complaints against husband and in-laws.

Keeping in view the rampant misuse of law, the high court has drawn up guidelines to register cases and make arrests.

All complainants would be first sent to professional family counselor.

Investigators would name family members as accused only if they have been living under one roof with the complainant.

Investigators would arrest family members only after obtaining permission from an SP-rank officer.

http://articles.timesofindia.indiatimes.com/2014-01-31/hyderabad/46869336_1_dowry-harassment-case-husband-and-sister-in-law-separate-case

HC judge, kin accused of dowry harassment | Daughter-in-law files dowry harassment case against AP High Court judge in Chennai

HC judge, kin accused of dowry harassment

Chennai/Hyderabad, Jan 24, 2014, DHNS:

The daughter-in-law of an Andhra Pradesh High Court judge lodged a complaint against her husband and family with the Chennai police commissioner on a charge of dowry harassment. An allegation which was refuted by her husband.

According to the complaint, Kavya Rao (30) married B Ramakrishna, the judge’s son, in 2007. After marriage, the couple lived in Bangalore till Ramakrishna lost his job in 2008. Kavya alleged that her in-laws began harassing her when she and her jobless husband moved to Hyderabad. 

She told police that her family had paid more than Rs 40 lakh as dowry, but her husband’s family demanded another Rs 50 lakh. 

As her parents could not pay the amount, she was harassed frequently by her in-laws, which forced her to come to live with her father in Chennai. Later, her father-in-law lodged a false police complaint against her father, she said.

“My in-laws, in their complaint, said that my father had stolen valuables from their house,” Kavya said and alleged that her father-in-law was influencing the police personnel even in Chennai.

On January 13, based on information received from Andhra Pradesh Police, Kavya and her father were summoned by the Chennai Police in connection with a case that she had stolen her father-in-law’s ancestral jewellery.

Meanwhile, Ramakrishna, who’s pursuing PhD at IIT New Delhi, refuted his wife’s allegations. 

According to family sources, Ramakrishna maintains that the issue of dowry harassment never came up in the communication he had with his wife through emails in the past several months. 

“Moreover she (Kavya) has recently sent a draft note of a mutual consent divorce petition. One of the conditions in that draft note was that there will be no mutual giving and taking between the two at the time of divorce”.

Incidentally, Ramakrishna filed a complaint at Jinnaram Police Station in Medak district on November 23 against Kavya’s family members alleging that they were threatening him with dire consequences and abusing him. 

According to him, his wife and in-laws were not allowing him to see his child. Besides, a case had been filed at Medak court for restitution of conjugal rights and custody of his three-year old daughter. The decision on that issue is pending.

http://www.deccanherald.com/content/382415/hc-judge-kin-accused-dowry.html

Daughter-in-law files dowry harassment case against AP High Court judge in Chennai

R.Ramasubramanian  Chennai, January 23, 2014 | UPDATED 14:58 IST

The daughter-in-law of a sitting Andhra Pradesh High Court judge has filed a dowry harassment complaint against her husband and his family members.  Kavya Rao (30) a resident of Chennai came to the Chennai Police Commissioner's officer on Wednesday afternoon and filed the formal complaint.  In her complaint Kavya said her father,  a Chennai based businessman arranged her wedding with the High Court judge's son in 2007.  She said during their marriage her parents had paid Rs.43.5 lakh as dowry, but the judge and his wife and other relatives demanded Rs.50 lakh more.  Kavya also said that her husband lost his job in 2008 and hence they moved from Bangalore to Hyderabad.  "Ever since the harassment began and my in - laws pressurised me to bring in atleast 50 lakhs rupees immediately"

Kavya in her complaint also submitted that since her family could not arrange this much money immediately she was made to starve by her inlaws.  But after some time her parents gave her inlaws money at frequent intervals. When she could not tolerate the agony she returned to Chennai to live with her parents.  

But even after that the troubles did not end for her , her father-in-law lodged a false complaint against her father.  On the instigations of the judge, abduction and theft cases were filed against my father she said and added the judge is influencing the police in Chennai.  Her husband came to her house in Chennai a week ago and ransacked it . Kavya has a small baby girl. In her complaint she said her husband, mother-in-law and father-in-law are attempting to abduct her child.

The complaint was filed with the Additional Commissioner of Police (headquarers) R.S. Nallasivam.  It was later forwarded to the Deputy Commissioner of Police, Adayar range for further investigations.  "We have informed the Chief Justice of India.  The AP High Court judge is attempting to influence the local police here.  We will wait for four or five days.  If the Police does not take any action we will move the Madras High Court for direction to the Chennai Police Commissioner to take suitable action in this regard"  said K.Balu, advocate of Kavya in an interveiw with India Today Online

Source-  http://indiatoday.intoday.in/story/daughter-in-law-files-dowry-harassment-case-against-ap-high-court-judge-in-chennai/1/339292.html

Video

HC gives guidelines on Section 498A, the process to be followed. NO routine arrest on mere allegations

HC gives guidelines on Section 498A

TNN | Jan 22, 2014, 01.16 AM IST

HYDERABAD: Finding fault with a woman who implicated the parents of her mother-in-law and the families of her husband's sisters currently residing abroad in a dowry harassment case under section 498 A of the IPC, the high court has issued certain guidelines to the state police to enforce the anti-dowry law. One of the main directions given is not to arrest the accused involved in dowry harassment cases without securing the permission of the district SP or any other officer of the equal rank in metropolitan cities.

Justice B Chandra Kumar pronounced this judgment while allowing a criminal petition filed by Syed Kaleemuallah Hussaini and three others seeking anticipatory bail in a dowry harassment case. In his order, the judge said that no accused should be arrested when the allegation is simple dowry harassment. "If arrest is necessary, the investigating officer should obtain the permission of either the SP or any other officer of the equal rank in metropolitan cities."

The judge directed the magistrates to ensure that no accused was remanded in judicial custody in a routine manner. When an accused is produced before the magistrate, the court should examine the matter judiciously and consider whether there are valid grounds for remanding the accused to judicial custody, the judge said. If arrest is not necessary, the police may complete the investigation and file a chargesheet before the court without arresting the accused, he said.

The judge made it clear that in the case of dowry death, suspicious death, and suicide or where the allegations are serious in nature, the police officer may arrest the accused and intimate the same immediately to the SP concerned. The judge ruled that no accused or witness should be unnecessarily called to the police station, and in case their presence is required for enquiry, they should be sent back immediately after completion of the process.

"During the investigation, if the officer is satisfied that there is an undue implication of a person in the case, then he may delete the names of such persons from the chargesheet after obtaining necessary permission from the SP or any other officer of the same rank", the judge said. "As soon as a complaint is received either from the wife alleging dowry harassment or from the husband that there is possibility of his being implicated in a case of dowry harassment, then, both the parties should be asked to undergo counselling with an experienced counsellor," the judge said and directed that the report of the counsellors should be made a part of the report to be submitted by the investigating officer to the court.

The judge also ruled that the SP in consultation with the chairman of the district legal services authority should constitute a panel of counsellors and details of such a panel along with their address and phone numbers should be made available at all the police stations.

Senior police officers should ensure that there are no complaints of forcible settlements or compromises made by the police. The advocates should play the role of social reformers and try to bring about reconciliation between bickering couples while dealing with such cases, particularly, where the couples have children, he said.

The judge in his order lamented that "it is most unfortunate that Section 498-A of IPC has become a weapon in breaking the families rather than uniting them."

He also said that there cannot be any doubt to say that there is dowry menace in the society. But, at the same time, it is also a fact that certain marriages are performed without any dowry. Due to ill-advice or under a wrong impression that the husband may come to terms if a dowry case is lodged, complaints are being lodged with the police, the judge opined. While directing the registry to mark a copy of this judgment to the DGP, justice Chandra Kumar wanted the DGP to issue necessary instructions to all the men under him in the state in this regard.

SOURCE-http://timesofindia.indiatimes.com/city/hyderabad/HC-gives-guidelines-on-Section-498A/articleshow/29173500.cms