In ancient time the family of bride use to give the bride during her marriage
a valuable security in the form of cash, Jewellery, ornaments etc as token of
love & affection for the financial benefit of the bride which also constituted
as Stridhan ie the property of the bride which earlier was given to the bride
out of own wish & depending upon the financial status of the bride’s parents
which later was assumed in the form of dowry. Dowry originated in upper caste
families as the wedding gift to the bride from her family. The dowry was later
given to help with marriage expenses and became a form of insurance in the case
that her in-laws mistreated her. Although the dowry was legally prohibited in
1961, it continues to be highly institutionalized. The groom often demands a
dowry consisting of a large sum of money, farm animals, furniture, and
electronics.
Â
The joint parliamentary committee on dowry in its report of 1982 has opined that
for the failure of dowry prohibition law, there are two reason: First the
explanation in section 2 of the Act excludes all presents (whether given in cash
or kind) from the definition of dowry, unless the same were given in
consideration of marriage, and it is almost impossible to prove that gifts or
presents given at, before, or after the marriage, were given in consideration of
marriage.
The main reason is that no giver of the present will ever come forward to say
that he gave these in consideration of marriage as giving dowry is as much an
offense as taking it. Secondly the act did not have an effective enforcement
instrumentality. With a view to giving teeth to the law, the joint parliamentary
committee on dowry has made some recommendation most of which have been accepted
by parliament pursuant to which the Dowry prohibition (amendment) Act 1984,and
the Dowry prohibition (amendment) Act 1986 were passed.
Â
In recent years also the criminal law of the land have undergone radical changes
to provide protection to women, more teeth have been provided to existing laws
(DP Act, 498A, 406 IPC etc) and new enactments have been made (DV Act), but
unfortunately the remedy is becoming worse than the ailment, which is now a well
known fact as the stringent dowry laws have failed to stop the gruesome crimes
for dowry/dowry deaths.
Â
Use of anti-dowry laws
The practice of dowry abuse is rising in India. When the dowry amount is not
considered sufficient or is not forthcoming, the bride is often harassed, abused
threatened or denunciation of throwing out of the house is given by the husband
and his family members.Their life is made miserable. The most severe is “bride
burningâ€, the burning of women whose dowries were not considered sufficient by
their husband or in-laws. Most of these incidents are reported as accidental
burns in the kitchen or are disguised as suicide. As per the latest report 8172
dowry death cases have been registered in India in 2008. It is evident that
there exist deep rooted prejudices against women in India. Cultural practices
such as the payment of dowry tend to subordinate women in Indian society
Â
Use of Section 498 A by Indian Courts:
Indian Courts had been using this provision to safeguard the women from facing
the cruelty faced by them at their matrimonial home.9 out of 10 of the cases are
always related to dowry, wherein the woman is continuously threatened for want
of more money and property which if remains unfulfilled , the married woman is
tortured, threatened, abused- both physically and verbally and harassed. Like in
the case of Ram Kishan Jain &Ors v State of Madhya Pradesh due to
insufficiency of dowry demands the woman was administered calmpose tablets and
thereafter she even cut the arteries of both her hands. Sometimes, dowry may not
be the cause but the woman for several reasons like her complexion or family
status is tortured to death.
Â
In the case of Surajmal Banthia & Anr. v. State of West Bengal the
deceased was ill-treated and tortured for several days and even not given food
several times. Her father- in-law also misbehaved with her quite often. This is
the treatment that several young brides face when they move out of their
parents’ home and into the house of her in-laws’. It is the duty of the court to
prevent any of these abusers from escaping. The increasing rate of bride burning
for want of more dowry and brutal torture of young wives, together with a clear
escape of the abuser is a clear indication that the court has not taken any
strong measures for the implementation of S. 498A IPC properly.
Â
As stated earlier many a times this victim turns into the abuser and is clearly
not wronged but instead wrongs the husband and his family for no fault of
theirs. Several cases show that the married woman takes advantage of the section
and sends the respondents to jail under the ambit of this section.
Misuse of the Anti-Dowry law
A violation of this section, its goals and its aims is on the rise with the
woman frivolously making false allegations against their husbands with the
purpose of getting rid of them or simply hurting the family. The abuse of this
section is rapidly increasing and the women often well- educated know that this
section is both cognizable and non-bailable and impromptu works on the complaint
of the woman and placing the man behind bars.
Like in the case of Savitri Devi v Ramesh Chand & Ors, the court held
clearly that there was a misuse and exploitation of the provisions to such an
extent that it was hitting at the foundation of marriage itself and proved to be
not so good for health of society at large. The court believed that authorities
and lawmakers had to review the situation and legal provisions to prevent such
from taking place. This section was made keeping in mind protection of the
married woman from unscrupulous husbands but is clearly misused by few women and
again this is strictly condemned in Saritha v R. Ramachandran where the
court did notice that the reverse trend and asked the law Commission and
Parliament to make the offence a non-cognizable and bailable one. It is been a
duty of the court to condemn wrongdoings and protect the victim but what happens
when the victim turns into the abuser? What remedy does the husband have here?
Conclusion:
When a law is being made or passed then probability sometime lies that it wont
get implemented & if get implemented it will be misused. But here women should
understand that these laws are made for a particular class of women who are
constantly being threatened or being harassed in their matrimonial home & its
all for their benefit so all they need to understand that instead of deriving
any benefit from it & misusing it they should let the law get used by those who
actually needs it.To retain the spirit of this law is in their own hands.
References
Books
1.Modern Hindu law by paras Diwan 20th edition 2009(Allahabad law agency)
Websites referred
https://www.legallyindia.com/views/entry/section-498a-of-ipc-its-use-misuse-html
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...
One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...
The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...
Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...
Please Drop Your Comments