Misuse of anti dowry law

Misuse of 498-A (Anti-Dowry Laws)

The biased nature of this laws is evident from that fact that unlike almost all laws in INDIA the burden to prove innocence lies on the accused……this means as soon as the complaint is made.

Consent of the girl was not considered to be relevant and hence, she was left with no choice, except to accept all pains and marry. The premise is that the hierarchy of courts failed to identify the misuse of law. It was ruled that the police can no longer make immediate arrests of those accused in cases filed under Section A.

Sep 14,Sometimes adverse media coverage adds to the misery. The sessions court and the high court upheld the summoning order passed by the Magistrate. Uncalled for arrest may ruin the chances of settlement.

The accused can settle the case with the complainant at the trial court itself after arriving at a mutually-acceptable agreement. The doors for returning to family life stand closed.

In recent past, the criminal law of the land has undergone radical changes to provide protection to women, more fangs have been provided to the existing laws, but unfortunately the remedy is becoming worse than the ailment, which is now a comprehendible fact.

The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision. State of Uttar Pradesh needs to be analysed because it holds victims of violence guilty of misusing the law. Even if she wishes to make amends by withdrawing the complaint, she can not do so as the offence is non compoundable.

Expressing concern over the misuse of the law, the apex court had directed the state governments to instruct police not to automatically arrest when a case under Section A of the IPC dowry harassment is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41 of the Criminal Procedure Code.

Misuse of Anti Dowry Law

It Is pertinent to note here that, the real sufferers of the evil of dowry, the rural Indian women are not even sensitized about their rights, and fail to make use of these laws. In American universities, legal researchers have originally employed the empirical research methods in their pre-legislative inquiry.

Did the Supreme Court have the jurisdiction to brand women in distress as wives who misuse the law. Unconstrained, this social evil is threatening the foundation of the Indian Family system.

Typically, the charged family members in these cases include: The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. As per NCRB data, in there were 6, deaths; in the number rose to 8, and by to 8, Certain statutory presumptions are drawn which again are rebuttable.

Sep 14,It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. This clearly shows the ratio of victims of domestic violence and gender abuse.

The allegations made are vague and general. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.

It appears that instead of controlling payment and receipt of dowry in one or other form, it is increasing even in educated class. State of Punjab and others[9], held: The maximum punishment if proved guilty is imprisonment for three years. While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.

Typically, the charged family members in these cases include: The bench had observed that many such complaints are not bonafide and "uncalled for arrest" may ruin the chances of settlement.

The State Of Punjab [2] observed: At the time of filing of the complaint, implications and consequences are not visualised. The empirical decision may be defined as research into relationship of law and other behavioral sciences.

The secondary sources like text books on law, commentaries do not possess as much authority as the original sources possess. The biased nature of this laws is evident from that fact that unlike almost all laws in INDIA the burden to prove innocence lies on the accused……this means as soon as the complaint is made.

Misuse of the IPC A In recent times, it has come to the fore that the act that was established with the aim of securing the life and status of women is being misused by the same.

As per the current law, a wife or a daughter-in-law can get her husband or in-law arrested simply based a written false complaint of dowry harassment to a nearby. NEW DELHI: The Supreme Court on Friday took note of the ‘misuse’ of Section A and said that the accused can now seek anticipatory bail.

The top court had on April 23 reserved its verdict on a batch of pleas seeking revisiting of a judgement that had reduced the severity of the anti-dowry law on [ ]. Dowry or dahej is a gift taken by the groom or his family from the bride's family. The anti-dowry law in India makes taking dowry illegal.

However, there is a need to change it. misuse of Anti-Dowry laws have started to raise an uproar in the society but still we don’t have any law which can deal with these situations.

This study is to analyse. Misuse of Anti Dowry Laws - The other side of the coin: Dowry is one of the biggest social evils facing our country, and no civilized society should tolerate this, and every effort should be made to eradicate this evil. The top court had on April 23 reserved its verdict on a batch of pleas seeking revisiting of a judgement that had reduced the severity of the anti-dowry law on the offence of subjecting a married.

Misuse of anti dowry law
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Misuse of Anti Dowry Laws