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Articles: My Thoughts | India Stuck!!
- Ms. G Nivedita
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India Stuck!! 498A and National Commision of Women Racket in India
This is to report frequent misuse of Anti Harassment/Cruelty (Domestic violence) laws in India (the concerned section in Indian penal code is section 498a). Mis-use is so much that diabetes rate for men in India is one largest in the world. The potency of misuse is much since the Police doesn't need any other supporting evidence or witness other than the wife's statement/ complaint, to straight away arrest the Husband and his relatives (Whoever is named in the wife's complaint), since it is a cognisable crime, following which is an ordeal of long drawn and wasteful legal proceedings for the Husband (in this law he is Guilty until proved innocent!, unlike any other law, anywhere else).
As you might be aware of this misuse yourselves, I would, on behalf of other victims of this misuse also, appeal to all police personnel to treat the complaints u/s IPC 498a with some restraint and empathy. This is in the same lines as supreme courts judgment, cited below, where SC has appealed its courts to exercise restraint till legislature finds way to deal with Makers of frivolous complaints, when S.C ruled: 'Till then the courts have to take care of the situation within the existing framework'. The excerpt from this judgment is shown below:
The supreme court judgment(in the writ number 141 of 2005) acknowledges that there is rampant misuse of 498a. Especially when Supreme Court of India acknowledges that misuse of 498A is on the rise, and has hinted that the legislature may have to find ways to deal with misusers of 498A, terming this trend as Legal Terrorism. And implicitly directing other indian courts by saying 'Till then the courts have to take care of the situation within the existing framework.
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