Sections 498A of IPC as well as the Protection of Women against Domestic Violence Act, 2005, are meant for safeguard the interest of married women in India. This law is important from the law point of view as large number of women suffer from domestic violence in form of physical, sexual, abuse, emotional, mental and other many forms at the hands of their husbands or his family.
To bring equality and to be part of society, these strict laws are made in favour of women but unfortunately some smart women uses these laws as their personal laws.
According to the need and scenario, these laws are mandatory now days, but that doesn’t mean women become vampire and play the saas bahu serials character in the real life.
In India, if we try to find out the ratio of cases are registered in the court for domestic violence are only few percent, but from few percent, there are more 70 percent cases are fake or used as a weapon from a girl and her family.
According to the provisional data of the National Crime Records Bureau (NCRB), a total number of 16,351, 4,204 and 531 cases have been registered under the Protection of Women Against Domestic Violence Act, 2005 in 2012, 2013 and 2014. Out of 90,000 to one lakh cases investigated every year, nearly 10,000 complaints of dowry harassment turn out to be false. The figure makes the Protection of Women Against Domestic Violence Act (498A) one of the most abused laws in the country.
The Supreme Court has said in a recent order that Section 498A has “dubious place of pride amongst the provisions that are used as a weapon rather than a shield by disgruntled wives”.
Only because of apathetic method of Judiciary, this hazard (IPC 498A) is growing day by day. As per CrPC (Criminal Procedure Code),’Bail is a right and Jail is an exception’, but this become myth and has been proven incorrect under Indian Criminal Justice System. Misusing a law especially, when it comes with a matrimonial case, Indian Judiciary is heavily tilted in the favour of women and to unreserved disbelief and shock; girls are nowadays very well aware of this fact.
As a result of this, they have taken for granted that IPC 498A can be used as WEAPON RATHER THAN SHIELD. In many of the cases, it has been observed that the moment 498A When a woman enters into the matrimonial house and she starts showing her tantrums (may be for some valid or in-valid reasons) and starts threatening the entire family to put behind bar by levelling false accusations of MENTAL CRUELTY. When her objective is not met or family is not behaving as her wish, she files a false case… Cases are lodged against husband and his family. It means, no FIR. Magistrate takes the cognizance of 498A without any evidence. And, since its NON BAILABLE and COGNIZABLE, thousands of innocent husbands are deteriorating in as accused.
In recent times, when Indian Men’s have started voicing their concerns towards the misuse of this law, then lawyer’s have found another way to make the case more strong by adding sections like 377 (UNNATURAL SEX), 307 (ATTEMPT TO MURDER) & 494 (SECOND MARRIAGE), so that husbands and his family members do not get BAIL easily.
It is rightly mentioned that JUDICIARY HAS BECOME AGENT OF INDIAN WIVES by denying BAILS to innocent husbands.
WHY NO CHANGES HAPPENING: Justice Malimath (Malimath Committee) had recommended certain changes in 498A in the year 2003, but still no changes are happening because of ugly POLITICS.
Successive governments have failed to bring out the changes due to WOMEN VOTE BANKS and protests by FEMINISTS and Women Commissions. NO MEN’S COMMISSION IN INDIA: It is hard to believe that in our country, we have commission for Women, Children, Forest and even for Animals …but no commission for MEN.