In a democratic order, punitive side of the law is invoked only to protect one section of the population from the perceived oppression of other identity groups. 498A was also brought in with the intention to protect women. But, over the period of time, it has grown into a tool used to suppress the husband’s family. The justified counter force have started to push back with ferocious intensity and soon feminazis’ insistence on not checking the misuse of 498A may result in total suspension of the same.
Allahabad High Court’s fresh guidelines for 498A
A recent guideline by Allahabad High Court has reemphasised on the misuse of anti-dowry provisions in Indian law books. A woman had lodged an FIR against husband and in-laws alleging that they wanted Rs 50 Lakhs additional dowry from her. To make her allegations more believable, she had accused the family of subjecting her to unbelievable brutality.
She further alleged that her husband inflicted severe sexual and physical violence on her. The accuser left no stone unturned in defaming husband’s family when she went on to accuse her father-in-law and brother-in-law of demanding sexual favours from her. The graphical description of the accusations was so much virile that Court termed it as soft porn.
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The graveness of the case in hand and the Court’s own experience in dealing with such cases resulted in the High Court formulating a new guideline for such cases. Now, in Uttar Pradesh, no individual will be arrested within two months of filing of FIR under Section 498A of IPC.
Firstly, the matter will be referred to as Family Welfare Committee (FWC). The institution, which will be headed by the district and session’s judge or principal judge of the family court of that district, will first decide the tenability of the FIR and then any arrest will be made.
It was on the way
The 498A had it coming, as it was originally instituted to bring fairness in what was perceived as ‘inequality’ in the power structure guiding husband-wife relationship.
The assumption was that just because the man used to be earning member of the family, so he used to assume tyrannical control over the institution of the marriage. That was true for minority of cases, but policymakers of the day ignored larger undocumented reality balancing couples’ equation.
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Women hold specific power in their homes as well. They used (and still do) to control family’s wealth and its spending. But, respective governments of the day did not get this simple idea.
They went on to make laws so stringent and so misandric that the coveted documents ended up undermining the institution of marriage itself. Over a period of time, various changes caused by topmost Constitutional authorities changed legal system in such a way that a woman’s word was enough to convict a man and his family.
Frivolous FIRs, disapproved allegations and settlements by money
Power corrupts, and absolute power corrupts absolutely. Women are no different. The equality principle, evolutionary biologists as well as psychologists confirm that women can be as vicious as men and sometimes even more.
Coupled with their lawyers, they started to use 498A as a tool for revenge. In this respect, Allahabad High Court observed, “It is question of a common observation that every matrimonial case is being exaggerated manifold with all the pungent and castic allegations [of] dowry-related atrocities involving the husband and all family members (sic),”
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The provision is subject to so much misuse that Supreme Court once called it a legal terrorism. Most of the cases registered under the anti-dowry provisions turn out to be false.
Astonishingly, the extent to which fictional stories are jotted down in FIRs can be gauged from the fact that in spite of these words being sacrosanct, most of them gets disproved in Court. If, somehow the accused individuals can’t prove themselves innocent, then they are subject to extortion.
Extortions in the name of anti-dowry provisions
This is how there is a higher rate of acquittal in 498A cases. Either the evidence disproves accusers or the hard-earned money of accused is extorted in the name of withdrawing FIR. Settlement through money has resulted in further increase of FIRs. Marriage is turning into a money-guarantee scheme for women looking to prosper their careers.
Meanwhile, feminists’ refusal to correct the wrongs resulted in actual victims getting marginalised. We are moving towards a system where women’s words won’t be considered sacrosanct. They won’t be provided special privilege in legal system.
Though, it will be good for the legal system, the poor and helpless women for whom the laws were mainly intended, will turn out to be biggest losers.
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