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In a Landmark Judgement, the Hon’ble Supreme Court had said that women are spreading legal terrorism in India. The Dowry Prevention Law (Section 498A/ 406 of IPC) is one of the most misused provisions of law in India and yet no modifications seem to have been made in it over the years.
This section was enacted to protect the dignity of a woman has become a widely misused weapon by them and is used to harass and blackmail their husband and his family. Once an FIR is filed under 498A/406 (IPC) it becomes a stooge in the hands of the police to harass the husband and all his relatives named in the FIR without an intrinsic worth or preliminary investigation. This provision further diminishes all chances of an amicable reconciliation between the couple. The prolonged trials further add bitterness to the already strained relationship between the families.
In the famous Nisha Sharma dowry case in 2003, the wife was widely praised by the government and the media across India for taking a bold step and filing a case against her Husband. However, there was little or no media coverage of the event nine years later when it was revealed that her case was just a hoax to cover up her own illicit affair. There is not one but many cases where dowry provisions are misused by women to torture her husband or his family members.
There have been ample cases where this law has been misused. Women use this law as a weapon to extort money out of their husbands at the time of divorce. Small incidents of little consequence are exaggerated in a large number of complaints. According to a survey conducted by Fight Against Misuse of Dowry law has revealed that 98% of the cases filed under section 498A is false. In Sushil Kumar Sharma Vs. The Union of India the supreme court lamented that this provision is being widely misused to fulfil personal vendettas and oblique motives. A majority of the complaints are filed in the heat of the moment or due to ego clashes for trifling matters and end up with grave consequences. In a recent directive, the Supreme Court has ordered proper investigations be made before arresting in domestic cases other than those where there are physical marks of injury or death.
One may say that a lot of laws are being misused in India then why change just this one law, that’s because this is the only law that puts the onus of
proof on the defendant. The only under which the accused has to prove his innocence to the court beyond a reasonable doubt. It is also the only law in India where no proofs are required by the police to make an arrest.
The Supreme Court has time and again asked the government to review this law but however, there is no change in the law simply because each time an amendment to the law is implemented, NGO’s for women’s right start rampant protests against it. The irony with this provision is that the women whom it was created to protect are not even aware of its existence and educated and aware women are misusing this provision threaten and torture their husbands and his family. Women in rural areas would never step into a police station to file a FIR against their husbands. They are ingrained with the concept that to make their marriage work they have tolerated a certain amount of abuse and violence at home and it is a right of their husbands. Therefore, the need of the hour is an amendment and spreading awareness regarding such provisions of law. And just a reminder to women who think of this provision as weapon.
“If the cry of a wolf is made too often, assistance might not come when the wolf actually appears.”