Law panel wants 498A toned down

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iconimg Tuesday, October 02, 2012
 
Nagendar Sharma, Hindustan Times
New Delhi, October 02, 2012
 
 
First Published: 22:45 IST(2/10/2012)
Last Updated: 22:47 IST(2/10/2012)
Law panel wants anti-dowry law toned down
 

The government’s expert panel on legal issues has recommended a change in the criminal law to prevent the immediate arrest of husbands and their family members against whom police complaints are filed by their wives under the anti-dowry law.
The Law Commission of India, in its latest report, has asked the government to water the anti-dowry law down to allow a woman to withdraw her complaint if a compromise with her husband and his family is possible. The panel also wants to make it a compoundable offence but with a court’s permission.

The Supreme court had asked the law commission to give its findings on whether section 498A of the IPC and enabling laws, which deal with physical and mental cruelty by husbands and their relatives against wives over dowry, require amendments following reports of their misuse.

It has sought an amendment to the Code of Criminal Procedure (CrPC) in a bid to introduce a 30-day “reconciliation” period before police can arrest an accused under the anti-dowry law.

“The need for caution in exercising the drastic power of arrest in the context of cases under section 498A the IPC has been emphasised by courts and parliamentary committees time and again,” states the report.

“We, therefore, suggest that a new clause may be added to the CrPC section 41 to make clear that whenever a complaint of physical and mental cruelty is filed by a married woman, a police officer shall set in motion a process of reconciliation between the two parties before he or she resorts to the power of arrest,” the commission recommended.       

This 30-day period, however, will not apply if an investigating officer feels that “facts disclose an aggravated form of cruelty” and the arrest of an accused is necessary, it points out.

It has rejected the demands for either recommending a complete repeal of the anti-dowry law or making it a bailable offence. “Misuse by itself cannot be a ground to take away its teeth … We can’t close our eyes to a large number of cases which go unprosecuted,” the commission stated.

 
 
© Copyright © 2012 HT Media Limited. All Rights Reserved.
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6 Responses to “Law panel wants 498A toned down”


  1. 1 Arnab chakraborty October 8, 2012 at 11:57 am

    It transpires that a rational way of thinking. It is appreciated. Many thoughtless wives have misused the Law and not giving the husbands the opportunity of being heard. Some wives knowing that they were privileged by Law have made made their husbands & his relatives miserable. Further misuse of Sec 498A should be dealt strongly. Alas Better late then never.

    Like

  2. 2 Rajesh April 4, 2014 at 3:45 pm

    Please be aware about following 498a women, they are out for another hunt:-

    Dr Sonal Goyal, MBBS, DGO

    D/O Rajendra Prasad Goyal
    Chaudhary Bhavan Road
    Morena, Madhya Pradesh

    Her father is a politician and they specialize in filing 498a in their home district Morena. They can touch your feet, whatever necessary to please you and show they are very innocent.

    Like

  3. 3 Rajesh September 22, 2014 at 3:44 pm

    Hello sir – Can you please delete the above comment regarding “Sonal Goyal” ? You can contact me starno123 at gmail.com There is the possibility of reaching settlement and we want to remove the comment as soon as possible. thanks for your understanding.

    Like

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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