What started out as an immunity has become a lethal legal weapon at the hands of women which they use in order to extract any personal vendetta against the husband and the family. If she succeds in say getting 20 laks, police get 4 lakhs and judge gets 4 lakhs. The practice of dowry abuse is rising in India. The husband and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The Supreme Court generalised the facts as it observed that a large number of cases continue to be filed under Section 498A of the Indian Penal Code alleging harassment of married women, and many such complaints are not bona fide ones.
The punishment is an imprisonment for a term not less than 5 years and a fine not less than Rs. At the time of filing of the complaint, implications and consequences are not visualised. As per the latest report 8172 dowry death cases have been registered in India in 2008. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. Use of anti-dowry laws The major part of its usefulness and the motive of passing such a law is to save the bride from undue harassment by her husband or other family members for the demand of dowry which is undoubtedly a practice done heavily in most of the parts of India. Prior to 1956, including during the , daughters had no rights of inheritance to their family's wealth. In the recent past, umpteen number of false and frivolous cases have been filed by women, misusing the laws enacted to safeguard the interest of the victims of the grave offence and other atrocities to take vengeance.
It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. Doctrinal or traditional or non-empirical legal research. Section 498A: The top court said it cannot fill in legislative gaps and left it to Parliament to make suitable rules to check abuse of the law. Following are the characteristics of doctrinal research:- 1 The study is mainly based on propositions, The sources of data for a doctrinal, Researchers are the reports of appellate Courts and conventional legal theory. The field of empirical research is wider and the availability sources are very less which involve several new techniques which are known to research.
There has been a growth in policies and programs addressing bullying what schools can do, with evidence indicating that some anti-bullying programs can reduce the bullying in schools by 20% Egan, 1993. One of its most important and stringent provisions was that the offence was cognizable and non-bailable. The decision received criticism from feminists because it weakened the negotiating power of women. People giving and demanding dowry should be punished so severely that it deters to other such persons. Cultural practices such as the payment of dowry tend to subordinate women in Indian society.
The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. In such cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Directions by Supreme Court i. It appears that instead of controlling payment and receipt of dowry in one or other form, it is increasing even in educated class. This show, the people in India are in very bad condition and more than half of the population lives in poverty.
The reason for poverty in. The Court also directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. Even as society grants more economic freedom to women, dowry-giving continues to be a part of the Indian way of life, and its social externalities continue to affect women of lower economic and social standing. Every year, more than 9,500 women are killed over dowry conflicts in India. Section 41 lays down a 9-point check list police to weigh the need to arrest after examining the conduct of the accused, including possibility of his absconding. She may change her mind and get into the mood to forget and forgive.
Documentary evidence suggests that at the beginning of 20th century bride price, rather than dowry was the common custom, which often resulted in very poor boys remaining unmarried. The penalty for giving or taking dowry is not applicable in case of presents which are given at the time of marriage without any demand having been made. Above analysis by various scholars is based on interpreting verses of ancient fiction and inconsistent from India, not eyewitness accounts. This dowry was seen as stridhan Sanskrit: woman's property. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. The premise is that the hierarchy of courts failed to identify the misuse of law.
The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but the proposed wife may give it back to him of her own will if she does not want to marry. Sometimes, due to their abetment to commit suicide, the bride may end up setting herself on fire. The Dowry Prohibition Act, 1961 article 3 specifies that the penalty for giving or taking dowry does not apply to presents which are given at the time of a marriage to the bride or bridegroom, when no demand for them have been made. In a major step to end rampant misuse of the anti-dowry harassment law, the Narendra Modi government on Wednesday said it is planning to make the offence compoundable - which will permit compromise and settlement between both the parties at the trial court stage itself. The top court left it to Parliament to make suitable rules to check abuse of the law. This point becomes more relevant because in the verdict there is no reference to the accused having been arrested, applying for bail and any bail plea being denied.