Misuse of Dowry and Domestic Violence Act is a Human Rights Issue

Misuse of Dowry and Domestic Violence Act is a Human Rights Issue

By Deepika Narayan Bhardwaj, on IBNLive Specials Jul 09, 2014 at 03:05pm IST

Media suddenly seems to have woken up from slumber in last four-five days on the misuse of section 498A. Every news channel is debating recent judgment by the Supreme Court (SC) - restricting immediate arrests of husband and family members under 498A. I also happened to be on one such debate, last week. Though the judgment is quite comprehensive detailing reasons for such move, anchor of the show I was on, was keen on punching holes in the judgment and showed absolute apathy to the issue.

As soon as I got out of the studio, I got a call. It was Sonia. I thought she was calling me after watching me on television but I was wrong. Moment I said hello, she started crying uncontrollably. "She has beaten my mother in law, my daughter and me. My daughter's thumb is fractured. She is threatening to kill my daughter. Please help me," she pleaded. I asked her to calm down and tell me what has happened. She explained that there was no male member at home and Nisha (name changed) - younger daughter in law of the family along with her sister had beaten everyone up!

Let me tell you who Sonia is - She is the elder daughter in law of the family, married for 23 years and a "498A accused." She, her husband, old mother in law, husband's brother( Nisha's husband), married sisters in law, their husbands- almost everyone including her teenage daughter have been accused of demanding dowry by Nisha who has herself been married for 19 years! Reason - Nisha wants property in which joint family is staying in her name! After listening to the entire incident, while I asked Sonia to calm down and register an FIR, I myself wished only one thing- make Sonia talk to anchor of the show I was in and let him hear pain of people abused by 498A. Sonia's case is peculiar for two reasons - one, she is herself a daughter of another family, so why would she demand dowry from Nisha and second - after 19 years? But - logic/common sense is least a part of 498A.

Media suddenly seems to have woken up from slumber in last four-five days on the misuse of section 498A.

Sonia and her family aren't alone. There are endless stories of abuse and gross misuse of 498A.

IPC 498A - commonly known as the Anti Dowry law, was passed in 1983 to protect married women from mental and physical cruelty and dowry related demand by husband and his relatives. 30 years on, 498A today is commonly known as the law which is 'Misused.'

For beginners - 498A is not a case between husband and wife. It's a case between husband and state where state fights on wife's behalf. 498A can be filed anytime after marriage - even after 22 years. Since it also considers mental harassment any number of relatives can be named and summoned - even if they have never lived with you, are in different cities or abroad - citing harassment over phone or any incident when they visited India. Married sisters are prime target, dragging even her in laws into the case to exert pressure. There are instances where even friends have been summoned. 498A can be filed from anywhere though it's a criminal offence. So, if you are from Kerala and wife from Punjab, she can file a case from Punjab and your family travels thousand miles on every date. When 498A is filed, every wedding expense is presented as dowry by the girl side. So even if you did not demand anything from the girl, you can become a dowry case accused. There is no time limit to trial of these cases. Some 498A cases have been pending in Delhi courts since 1991. Even if your divorce comes through, your 498A can linger on for years in court.

Now, why do I say Misuse of this law is a Human Rights Issue?

The basis of any criminal Jurisprudence around the world is - "innocent until proven guilty" and in words of English Jurist William Blackstone "It is better that ten guilty persons escape than that one innocent suffer." This law overturns both these principles. As soon as a woman makes a statement that so and so person demanded dowry from her, that person is treated as a criminal and tried as a criminal. In dowry cases, onus of proof that dowry was not demanded is on the accused. Since the law is cognizable and non-bailable, police has a free hand in arresting anyone who it deems fit as per the written complaint by the woman without 'any' investigation. I say without any investigation because the FIR and charge sheet in most of these cases is a replica of each other. Rarely have I seen evidences from husband's side being considered or presented. So statement of a woman is enough to throw a common man or woman behind bars.

I have been researching on this issue for last two years while working on a documentary on the same. As per National Crime Records Bureau, from 1998 to 2012 - after rounding off, a total of 10 Lac cases have been filed and 21 lac people have been arrested of which 5 Lac are women, 1 Lac are senior citizens and shockingly 10,000 are minor boys and girls. In the same period, 4,48,704 cases completed trial and a mere 89,452 resulted into conviction and rest whopping 3,59,252 resulted into acquittal! These numbers are extraordinary. I understand an acquittal doesn't necessarily means a false case but I also understand that an acquittal definitely means the case did not stand scrutiny under the court of law. 498A wasn't made as an alternative for quick divorce or dispute redressal or tool for getting back at husband for revenge - it was a law made to punish the wrongdoers! Courts aren't blind to look at the actual stories behind these cases and thus the enormous acquittals.

Many people tell me, every law is prone to misuse. I have a basic question - under which law does a person gets punished or termed criminal just because of being someone's relative? Under which law does police arrest you just because your name appears in an FIR? Which cruelty exactly can be committed sitting 1000/2000 Kms away? Under which law do you become an accused without any investigation whatsoever and stand in the court for years to prove your innocence? Under which law a 90 year old grandmother who can barely walk is dragged from Delhi to Dehradoon just because a 25 year old woman alleged that the old woman demanded money? Under which law whatever the complainant is saying is taken at its face value without AN IOTA OF EVIDENCE and cases run for years on mere allegations? In my knowledge, none!

Nowhere in the world, are you and your family labelled criminals because of a failed marriage. But in India, the moment a marriage breaks, this label comes automatically in guise of a 'dowry' case. To make things clear, you can get a 498A by your wife if you - refuse to leave your old parents on her demand; incur huge financial losses and can't afford her luxurious lifestyle; object to her extra marital affair; have a bad equation with her parents, ask for separation citing incompatibility. Even if you have filed for Divorce on grounds of cruelty by her, she can still go ahead and file 498A claiming you are the actual abuser! It doesn't matter if you are thrashed, abused, beaten up every day and have plethora of evidences of her cruelty, her statement that you demanded dowry will outweigh everything. I am not throwing clichés. These are cases I have seen with eyes wide open including one where a man was thrown into Jail for conducting DNA test on his son, before even the reports came out. No prize for guessing - he isn't the father of the child!

NCRB statistics related to 498A can never tell the real story of abuse of this law. Behind every FIR there are hundreds of cases that get 'settled' because of fear of arrest, harassment for years and humiliation. There is no data as to how many Mutual Consent Divorces are a result of such threats! Lacs are being demanded in exchange of a 498A or 498A settlement. Pay before or after, you make a choice. Everyone including lawyers, police and the girl makes great money in this racket which is approximately a 2000 crore business every year (approximate figure including bails, kickbacks and settlement amounts). Negotiations can be heard at every level in these 'family dispute' cases - be it at women cells, police stations, mediation cells or courts. If you decide to 'not pay' and fight back, you are in courts for years with not just one case but a package including Domestic Violence Act, Criminal breach of trust and a horde of maintenance cases. Irony is - after fighting for years for honour, all that a man gets is acquittal. Filing a case of defamation or punishing the woman for her wrong is almost impossible as first courts don't entertain these cases and if they do - you are in courts for another couple of years!

Isn't it funny that a woman who is accusing in-laws of demanding dowry herself then demands 10-15-20-50 lacs for settling the cases? Isn't it funny that cruelty or humiliation she has gone through is bartered for money? I know of an old woman who runs a tea shop being asked 25 Lacs to settle dowry case on her son. Her son's mistake- he doesn't earn much. I wonder if anyone can define this practice as anything but legal terrorism/blackmail /extortion.

How have we become a society where rights of a young wife are more important than rights of a 90 year old woman or that of an old father and mother who have slogged for years bringing their son up or that of a teenage sister who could be ostracized for being in Jail for rest of her life or that of a married sister whose marriage might collapse because of her husband and in laws being dragged? How have we become a society where to get one woman justice we are doing injustice to so many people? How are we legally allowing these blackmails to happen where a man is snatched of years of his savings just because marriage of his son did not work? How can we jeopardize existence of a man, just because his marriage 'failed'?

People argue with me over dowry deaths. I wish I had a law which recognized reverse dowry deaths where a person committed suicide because of a false dowry case or threats of a false case! There are thousands who have committed suicide leaving testimony of innocence through suicide notes. Syed Ahmed Makhdoom, Aarti, Lokesh Singh, Manoj Kumar, Prashant Pandey, Ravi Parmar, Anuj Gupta, Anoop Sharma, Niramala Devi, Ravi Parmar, Mahendra Singh, Harkamaljeet and his wife -are few examples. Strangely, a law that was meant to protect women from committing suicide has become a reason for suicide for many.

Tagging someone criminal for no crime, punishing someone for no wrong, claiming someone's job, career and peace for no reason, harassing an entire family for a failed marriage, leaving no option to a man to come out of an abusive marriage, slapping him with a dowry/domestic violence case if he files for divorce - If this is not a human rights issue, I wonder what is!

I welcome SC judgment wholeheartedly but I am doubtful of its impact. CrPC amendments that have been stressed upon in the judgment have been on papers since a long time. However, the rut of 498A is so deep, that these judgments have rarely brought a change. I think it's high time that the government intervenes and amend the law with a misuse clause to punish anyone who misuses it for personal gains. If women organizations opposing this landmark decision really want to get Justice for women, get a time limit on trial of these cases and ask for booking wrong doers whether man or woman. Punish the guilty and spare the innocent. Justice to one cannot come at cost of Injustice to others!

(Deepika Narayan Bhardwaj is a journalist and a documentary filmmaker. She is currently documenting misuse of section 498A of IPC through her documentary film 'Martyrs of Marriage.' She can be reached at martyrsofmarriage@gmail.com)

Source-http://ibnlive.in.com/news/misuse-of-dowry-and-domestic-violence-act-is-a-human-rights-issue/484787-3.html

Boon or bane? Kolkata can't agree on 498A

Boon or bane? Kolkata can't agree on 498A
As by TNN | Jul 5, 2014, 02.33AM IST

KOLKATA: The Supreme Court verdict on Section 498A that police have to investigate before arresting the accused has sparked a debate in Kolkata. While women's rights groups fear it might weaken battered wives' only remedy against abuse and torture, legal experts feel it will help prevent misuse of the law and make it more balanced.

Bengal is a lab case for Section 498A a whopping 29,800 cases were registered in the state 2013, but led to only 2.3% convictions. This has been the trend for the last few years.

These figures indicate that an alteration was necessary, lawyer Shekhar Bose says. "In 80% of the registered complaints, the charges are fabricated or exaggerated. There have been numerous instances where members of the husband's family, who live abroad or in other cities, have been arrested. Such a law cannot exist without an amendment," Bose said.

Lawyer Jayanta Chatterjee remarked that the vast majority of complainants were from urban areas, where many case were lodged by women "to teach their husbands and in-laws a lesson". "Thousands of women in rural interiors, who face genuine abuse, neither know about the law nor have access to police and lawyers," he pointed out, adding: "We need Section 498A for women who are abused and tortured. But we also need to make sure that it's not misused. False complaints are lodged too often, leading to family break-ups. Eventually, it's not just the husband who suffers in such cases, but also the wife. This provision for an enquiry will help stop that."

However, State Women's Commission chairperson Sunanda Mukherjee doesn't agree that misuse is reason enough to alter the law. The provision for enquiry shuts the door on women seeking justice, she argues. "Every law is liable to be misused. People are wrongly charged for murder under Section 302. So, do we stop punishing murderers?" she asked.

A law which is yet to be used by majority of victims can't be said to have been misused, she pointed out. "Section 498A is not yet accessible to thousands of women in marginalized sections who are abused, tortured and thrown out of their homes. Yes, it has been misused by some women in cities, but that can't justify this alteration which makes the law ineffective. We all know that left to them, police won't make any effort to arrest even a genuine offender. They could be bribed to scrap or fudge an enquiry. More importantly, how can you find evidence for psychological torture, which is very important in Section 498A?" she asks.

Former women's commission member Bharati Mutsuddi sees it as a major setback for women's rights. "Women are now at the mercy of police and administration, which were always insensitive to them. Section 498A was the only major weapon women had against marital abuse and it's now taken away. The law was the result of a long struggle for justice. All that effort and struggle now goes down the drain," she said.

Author Suchitra Bhattacharya felt it was better to make some investigation before arresting the accused. "I know many cases, particularly in urban areas, where the women take advantage of this law. They make false allegations and the in-laws have to suffer," she said.

Lawyer Sudipa Bhattacharya felt the alteration will make it a more balanced law, but the poor and marginalized could suffer. "It will be difficult for poor, illiterate women in our villages to get police to act," she said.

Bose argues that it is too early to conclude that the law has turned impotent and that police will be biased against women. "First, it remains a non-bailable section which means the law is strong enough. An offender, if found guilty, will face the same stringent penalties. It will be hasty to assume that police will allow offenders to go scot-free. Let us give the new law a fair run for it is a far more balanced and fair one," said Bose.

Mahua Bhattacharjee of Parash Pathar, an organization that fights for 498A "victims" across the country, said: "This is a great relief against misuse of the dowry law which has left as many victims as it has secured the fate of women against dowry atrocity." Many grey areas still exist, she remarked. "Since it is non-cognizable, non-bailable and non-compoundable, a 498A case cannot be withdrawn by the complainant. I know a couple, who are still fighting the 498A case years after their differences were resolved."

But why does Bengal top the list of 498A cases? "It is because of changing values of Bengali women. There is great deal of disharmony in families with saas-bahu relations. The daughter-in-law files a 498A complaint to teach her husband and mother-in-law a lesson, but eventually the complaint turns out to be too costly for both parties," said Bhattacharjee.

Sourav Ganguly, a lawyer with an expertise in handling 498A cases, said, It is a common practice by the prosecution specially in this part of the country that an accused is forwarded before a Magistrate along with a document commonly known as the ?Forwarding Report', while dealing with the question of detaining the accused for a period of more than 24 hours only deals with the forwarding report, the written complaint, the formal F.I.R prepared by the Police, the arrest memo, medical report of the accused and some times with the seizure list if supplied by the prosecution.

After this apex court judgment, the magistrate has to apply his judicial mind to determine whether the circumstance justify detention of the accused in police custody. Police custody being an infringement of liberty should not be ordered as a matter of course as the law has for his protection provided for the compulsory production of a person before a Magistrate either 24 hours of his arrest and this constitutional right has been given "to prevent arrest and detention with a view to extract confession" and "to afford an early recourse to a judicial officer independent of the police on all questions of bail or discharge [30 CWN 985]. Section 167 Cr.P.C. has given him full discretion to order detention in such custody as the Magistrate thinks fit but if detention in police custody is ordered, he must record his reasons U/s 167 (3) Cr.P.C.

It will also prevent marital splits on flimsy grounds, the latter argued.

Source-http://timesofindia.indiatimes.com/city/kolkata/Boon-or-bane-Kolkata-cant-agree-on-498A/articleshow/37800684.cms

SC sets Arrest Guidelines for Police and Magistrate, Misuse of ipc 498a Dowry Laws, Callers share their experiences on Misuse of dowry laws- Sudarshan TV

SC sets Arrest Guidelines for Police and Magistrate, Misuse of ipc 498a Dowry Laws. 
Callers share their experiences on Misuse of dowry laws- Sudarshan TV 05 July 2015

Men and their family suffer due to False 498a cases and Misuse of 498a by Women and Police. Supreme Court enforces guidelines for arrests in dowry cases

Men and their family suffer due to False 498a cases and Misuse of 498a by Women and Police. Supreme Court enforces guidelines for arrests in dowry cases 

Amit Lakhani Atit Rajpara Manav Mishra Shouvik Basak share sufferings and harassment experiences due to False 498a cases and Misuse of ipc 498a in context to SC Judgment (02 July 2014 Arnesh Kr order) on 498a Misuse and Arrest guidelines laid (u/s s41 crpc) to be followed by Police and Magistrates on India TV news channel 05 July 2014

Full text of SC order @ http://bit.ly/1ooV9V2

India shifts dowry law against 'vindictive wives'

India shifts dowry law against 'vindictive wives'
As on Date July 4, 2014 By Amrit Dhillon

New Delhi: Munish Dalal became a national hate figure when his pretty and vivacious bride-to-be, Nisha Sharma, accused him of demanding more dowry on the eve of their marriage.

Ms Sharma was feted by the world’s press as an icon of feisty Indian womanhood for reporting her fiance to the police under the country’s anti-dowry laws.

These laws are aimed at tackling the husbands and in-laws who, even though they have received a dowry on marriage, abuse and torture a woman afterwards so that she asks her parents to hand over yet more cash and consumer durables.

Figures from 2012 show that one woman dies every hour in India over demands for more dowry.

The crime is so common that the law allows the police to arrest a man the moment his wife alleges that he demanded more dowry. No evidence has to be produced. Bail depends on the discretion of the judge. The man is considered guilty until he can prove his innocence.

But in a ruling this week, the Supreme Court said the police cannot arrest a man on the basis of an allegation. Condemning the law’s misuse by ''disgruntled'' wives ''as a weapon rather than a shield'', the court said the police must give reasons for the arrest that would then be examined by a magistrate.

''The ruling on arrests is long overdue. False cases had become an epidemic. We used to call it legal terrorism. Now men can sleep more peacefully,'' said Rohit Girdhar, a co-ordinator with the Save the Family Foundation in New Delhi, which has campaigned for the law to be amended.

Mr Girdhar, who was falsely accused by his wife but acquitted by the courts in 2012, said the foundation has thousands of victims whose ''poisonous and vindictive'' wives used the law to blackmail them into giving a fatter alimony, settle scores, ruin their name or to get custody of the children.   

One man who went to the foundation recently for counselling was a New Delhi music teacher. Mr Girdhar claims that the teacher’s wife was mentally unstable from the day he married her and kept false accusations of infidelity against him. Five years ago, as their marriage crumbled, she walked into the local police station to accuse him of demanding more dowry.

''That man’s entire family has been devastated. It took just one vicious woman to do it. He and his elderly parents have been running around the courts for eight years. By the time the verdict comes, it will be too late for this man. He has been damaged too much, he has lost his faith in people,'' Mr Girdhar said.

For women’s rights groups, given the high levels of violence against women, the ruling is retrograde. Brinda Karat, general-secretary of the All India Democratic Women’s Association, said she was opposed to the dilution of a law that had come after years of debate and struggle.

''Dowry is rampant, worse than ever before. I oppose any law being misused but our studies show that men do get bail. Why is the Supreme Court not equally concerned about the women who are brutally murdered over dowry?'' Karat said.

For Mr Dalal, the ruling is sweet vindication. After being painted as a national villain a decade ago, in 2012, he was cleared by the courts. It turned out his fiance had been in love with another man. 

''She didn’t want to marry me but was scared of her parents. By accusing me falsely, she was trying to get out of the marriage without incurring their anger,'' Mr Dalal said. 

Source : http://www.smh.com.au/world/india-shifts-dowry-law-against-vindictive-wives-20140704-zsvg8.html

DD NEWS (Hindi) Debate on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on 03 July 2014

DD NEWS (Hindi) Debate on SC Judgement   (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on  03 July 2014

Swaroop Sarkar of SIF talks tough on Misuse of ipc 498a Domestic violence and other Women centric Gender Biased Laws. Exposes Politicians Feminists Media Bias

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2

Youtube Playlist SIF Participation - TV Media Debates on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on 03 July 2014

Youtube Playlist

SIF Participation - TV Media  Debates on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on 03 July 2014

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2

Deepika Narayan Bhardwaj on Debate on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate

Deepika Narayan Bhardwaj on Debate on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on INDIA TV 03 July 2014

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2

Swarrop Sarkar of Save Indian Family (SIF) DD NEWS Debate on SC Judgement ( Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc) for Police and Magistrate

Debate on SC Judgement ( Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on  DD NEWS (English) 03 July 2014

Swaroop Sarkar of SIF talks tough on Misuse of ipc 498a Domestic violence and other Women centric Gender Biased Laws. Exposes Politicians Feminists Media Bias

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2

Law degree clause for National Commission for Women (NCW) panel

Law degree clause for National Commission for Women (NCW) panel

By ANANYA SENGUPTA

New Delhi, July 2, 2014 

Being a politician or association with a party may no longer be enough to become the chairperson or a member of the National Commission for Women.

Maneka Gandhi, the new women and child development minister, has finalised draft proposals under which a degree in law is a must to be eligible for posts in the apex women’s rights body.

This is the first time that such a requirement has been proposed for functionaries of the NCW which, since its inception, has been used to accommodate persons close to the party in power at the Centre.

Sources said the ministry would include two essential conditions under the rules of appointment in the proposed amendments to the NCW Act: the chairperson has to be an advocate with at least 10 years of experience in legal matters, and each member must have a law degree.

Under the 1990 NCW Act, “persons of ability, integrity and standing” and “women’s voluntary organisations” (including activists) could be nominated by the central government as chairperson or members. There is no mention of any educational qualification.

While the new appointees would also be chosen by the women and child development (WCD) ministry, sources explained why a law degree had been included in the draft amendments as an essential requirement.

“There are over a lakh pending cases with the NCW. It’s time that professionals took over the commission to ensure that there are no legal delays in providing the victims justice. The commission needs to become more than just a body that takes suo motu cognisance of issues related to celebrities,” said a senior official of the ministry.

The sources also said that since the proposed amendments give the commission the powers of a civil court, making each of its proceedings on a par with judicial proceedings, a background in law was considered essential.

Maneka, who sources say is pushing for the amendments to be tabled in Parliament’s budget session starting next week, plans to give the commission the powers of summoning any person for questioning and the right to call for the production of any documents and requisitioning any public records.

A new chapter, “Investigation”, has been introduced in the amendments to enable the commission to issue arrest warrants and impose a maximum of Rs 5,000 as fine on those who don’t appear despite summons.

The amendments also include a provision that insulates functionaries from legal proceedings for acts done in good faith.

“No prosecution or other legal proceeding shall lie against any member of the commission or any officer… in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made there under,” says the provision.

The sources said that Maneka, who is not too keen on political appointments, wants to change the system under which commission members are removed and appointed according to the demands of the party in power. While it is not clear if the new commission members would be apolitical or lawyers affiliated to the BJP, the changes that Maneka wants would at least narrow the field for politicians, the sources said.

Officials said that once the new NCW rules are initiated, the rules for the appointment of members to the National Commission for Protection of Child Rights (NCPCR) might also see similar changes.

Political appointments have been worrying the NDA government since it took over a month ago. Out of power for 10 years, the NDA government is now struggling to get rid off Congress appointees who are holding on to key posts in these panels.

While there is no law to force such members out of office, feelers have been sent to many to leave. But many haven’t taken the hint. NCW chairperson Mamata Sharma, whose tenure ends later this month, is still holding on to her post. NCPCR chairperson Kushal Singh has taken the ministry to court over alleged calls by officials asking her to quit.

Source - http://www.telegraphindia.com/1140703/jsp/nation/story_18576503.jsp#.U7U4afmSzw8

Anti-dowry law misused, no automatic arrest in such cases: SC

Anti-dowry law misused, no automatic arrest in such cases: Supreme Court

As by PTI Wednesday, July 02, 2014, 22:29

New Delhi: Expressing concern over misuse of anti-dowry law by "disgruntled" wives against her husband and in-laws, the Supreme Court on Wednesday ruled that police cannot arrest accused in such cases "automatically" and it must give reasons for taking such steps which would be judicially examined. 

The apex court said the attitude to arrest first and then proceed with the rest is "despicable" which must be curbed and directed all state governments to ensure that police do not resort to arresting in all offences punishable up to seven- year jail term including dowry harassment cases. 

"We direct all the state governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC (dowry harassment) is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41 CrPC," a bench headed by Justice CK Prasad said. 

It said that the police officer shall furnish the reasons and materials which necessitated the arrest before the magistrate.

"Section 498-A of the IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A is a cognisable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. 

"The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite a number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested," the bench said. 

The bench said the arrest curtails freedom, brings humiliation and casts scars forever and no arrest should be made only because the offence is non-bailable and cognisable. 

"The existence of the power to arrest is one thing, the justification for the exercise of it is quite another. Apart from power to arrest, the police officers must be able to justify the reasons thereof.

"No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation," the bench said. 

Referring to crime statistics, the apex court said 1,97,762 persons were arrested in 2012 for offence under Section 498-A and nearly a quarter of those arrested under this provision were women depicting that mothers and sisters of the husbands were liberally included in their arrest net. 

"Its share is 6 per cent out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5 per cent of total crimes committed under different sections of penal code, more than any other crimes except theft and hurt," it said. 

It said the rate of charge-sheeting in cases is as high as 93.6 per cent, while the conviction rate is only 15 per cent, which is lowest across all heads and as many as 3,72,706 cases are pending at trial stage. 

The apex court said that police in the country has not come out of its colonial mindset. 

"It has not come out of its colonial image despite six decades of Independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public. The need for caution in exercising the drastic power of arrest has been emphasised time and again by courts but has not yielded desired result. 

"Power to arrest greatly contributes to its arrogance so also the failure of the magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption. The attitude to arrest first and then proceed with the rest is despicable. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive," it said.

PTI

Source-http://zeenews.india.com/news/nation/anti-dowry-law-misused-no-automatic-arrest-in-such-cases-sc_944639.html

Rampant Misuse and Abuse of Highly biased Women Centric laws - ALL MEN must watch - Rights of Arrested Person or In case of Arrest

In the wake of surge and rampant Misuse and Abuse of Highly biased Women Centric laws. 

A Must watch for ALL MEN !

Rights of Arrested Person or In case of Arrest 

Telecased on 09th June 2014 in an episode of Legal Point on Lok Sabha TV 

Eminent Panelist include - 

Retd Judge, Lawyer, Police Officer.

Part 1 of 3 

Part 2 of 3

Part 3 of 3

ALL THREE PARTS in PLAYLIST

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