IN-LAWS- NOT ALWAYS THE OUT-LAWS

I am not too convinced whether I am doing the right thing by writing this piece. My mind and my heart are in conflict over this issue. My heart wants me to go ahead writing while my mind is screaming that I stop here and now. But then Palmistry says that if the head line and the heart line are merged at their origin on any hand then the heart always dominates the head, and in my palm, these two are very much one at their origin hence I have always followed my heart. Here too I will, not just because my heart wants it but also because I genuinely feel this is a topic that deserves urgent attention of our society.

The reasons behind my mind advocating restrain are many. First and foremost this matter is sub-judice. From Asansol to Kolkata to Kalimpong, this matter is being rebounded from one court to the other. The Second reason my mind is advising restrain is because of the fact that the women’s lib brigade may interpret this article in a way I did not mean to write. Hell has no fury like a woman scorned.. I sure don’t want any “panga” with them. The third reason of course is because of the fact that this matter is too personal for me and in my sixteen years of writing I have by rule avoided the temptation to write on personal subjects. But then what makes me continue writing is the fact that what is personal to me today may affect you tomorrow. Since I have always written on subjects that affect you, its best that I write today than writing after you have already fallen victim to it.

The subject that I am writing on is Section 498(A) of the Indian Penal Code or rather the misuse of this Section by a handful of unscrupulous people. Dowry has been probably the biggest social ill in the Indian Society for long. Countless women in India have become victim of this social woe. A stringent law was required to put an end to this and the law makers of our country did a wonderful job by coming up with this piece of legislation which looked severe enough to deter greed amongst dowry seekers. Women across the country felt safer and more confident entering the institution called marriage. Thousands of lives and lakhs of marriages were saved.

But sadly even before the euphoria over the introduction of this seemingly wonderful law could die down, the devil started baring its fangs. What looked like the angel turned out to become a devil in the hands of people driven by greed and ulterior motives. What was envisaged by the law makers to protect victims of the monster called Dowry is increasing seeming like the sword of Damocles over the families seeking brides in this country of ours.

Why? Well simply because Section 498A is the most vicious weapon in the hands of those who decide to be vindictive. Under the Dowry Prohibition Act, the wife, relative of the victim or a welfare organisation could lodge a complaint against the husband and his family. This could put the family behind bars for 15 days. The burden of proving his innocence is on the accused. In an ego-shattering exercise, “harassed husbands” are out “demanding justice”. Their main enemy is not the wife, not her greedy parents or conniving relatives. It is the legally recognized, constitutionally valid “monster” called Section 498A, IPC. No investigation or warrant is needed before arrest and start of proceedings since the crime u/s 498A is cognizable and there is no punishment if the complaint is proved false - two major reasons why 498A is used as a pressure-tactic.

498A is a handy tool for shady practices, men argue. Among them are [1] Pre-marital affairs. Marry the guy of parents’ choice, dissolve the marriage, collect funds and marry the old flame. [2] Extra marital relationship. [3] Extortion, serially, one marriage after another. [4] To alienate husband from his responsibilities toward his old and dependent parents [5] To obtain a favourable divorce settlement [6] To wrest child custody from the husband.

The matter has become such that even the Courts in India are now calling it legal terrorism and calling for reforms in the Act. The reasons could broadly be stated as under.

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights.

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children.

4 Accused is presumed guilty until proven innocent. No where in the world it is so.

5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'?

6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple.

7 After a man is accused of 498A, he will not take his wife back later.

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives.

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands.

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family.

12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case.

13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused.

14 Old parents after 498a case become very apprehensive and advice their son not to marry again.

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health.

16 Most often the lawyers tend to take the family for a ride to extract as much money as possible.

17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint.

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded.

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman.

20 Some women marries an NRI and slaps a 498A case only to extort large sum of money

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation.

22 The case can easily linger in the court for years and only the groom’s family has to pay the price.

23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance.

24 There is no prohibition clause in the 498A law that would stop women to misuse it.

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

Now, before anyone accuses me of being biased against this Section of the IPC let me quickly say that I have always believed that this was one of the best legislation enacted against abuse against women in India. Dowry had for long been the bane of our society. Those demanding it surely need to be behind bars for the rest of their lives. Nothing can justify or defend their actions. For me asking for Dowry and Sati are the two most repulsing features that the Hindu Society of yesteryears had. I support the most severe punishment available under our laws for perpetuators of these crimes but the law needs to have checks and balances so that only the guilt are punished while the innocent are weeded out.

And now before I conclude I need to share the reason why this Editorial is about Section 498(A) and its abuses. The reason being that I myself have been a victim of this.. I have spent seven days in Jail in the mosquito infested Correctional Center in Asansol just because a relative accused me and my family of having demanded dowry.