NEW DELHI: Buried under vociferous calls by bar associations for court boycott and strikes, a largely unnoticed fallout of the CrPC amendments has begun to bother astute legal observers in the capital. Had lawyers agitating against the amendments highlighted this instead of issuing threats to shut courts, they would have better mobilized public opinion against these amendments.
For, once the amended law comes into force, Section 498A of IPC (dowry harassment) will become a toothless penal provision as errant husbands and in-laws will no longer face the possibility of being shunted to jail for harassment. The amendment empowers police to simply issue a
Dear Sunita
With refrence to your above article, I would like to bring in your notice a judgement by our Hon’ble Supreme court has termed the above la (IPC 498a) as “Legal Terrorism”.
Another observation from Delhi High court
“Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out.” -Justice JD Kapoor, Delhi High Court
In view of the above two judgements it is need of the day to provide husbands a “Fearless” environment to live and support not only his wife put also parents.
It is fact that IPC 498a is most misused law used by wifes to take revennge from the innocent family of the husband.
I am hereby not at all supporting the practice of dowry and dowry harresment should be dealt with iron hand and if there is dowry death , most stringent action should be taken against them.
But today the reality is that the abuse of IPC 498a is so rampant that the real guilty even go scot-free. This law now has been used to exort money, break families and make husbands live on mercy of their inlaws.
In light of above i welcome the amendment in CrPC though the maximum sentence to crimes like rape,murder and others should be increased to 7yrs so that they come in purview of this law.
PS: Iwould like to tell that I am bachelor and Against any form of Dowry. I or my family dont have any personal experince with IPC 498a and i have made my opinions from judgements of Hon’ble courts and through number of false IPC 498a cases filed in these courts.