Equal Laws

October 30, 2013

The Constitution of India secures to all its citizens Justice, Liberty, Equality and Fraternity. One such law in question is 498A of the IPC which is called the dowry protection law in common parlance. The law states:

Husband or relative of husband of a woman subjecting her to cruelty.– Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.- For the purposes of this section,” cruelty” means-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand

Thereby husbands or his relatives can be arrested for subjecting the wife to cruelty. The offence is criminal in nature and hence has a stigma attached to it coupled with the offence being non-bailable and non-compoundable.

Recently I came across a documentary titled ‘Equal Rights’ by ‘Yes I am the Change’ initiative by Yes Foundation. The video Equal Rights discusses the misuse of the above dowry protection law (498A). The misuse victims, as per the documentary, faced many hardships such as:

Being arrested along with the persons who came to help the victim.

The men lost their jobs due to these cases.

The men were not even allowed to meet their children

In a case even the dog’s name was put in the complaint

A 2 month old baby has also got an Anticipatory Bail in this section, implying that the 2 month old was accused in conducting cruelty on the wife…..

Have a look at the documentary video for yourself –

There is a voting page on Facebook for the video. (The 4th Video on Page 2 – YITC211)

The Malimath Committee on Reforms of Criminal Justice System had in the past recommended to amend this law and to make it bailable and compoundable.

Laws ought to be neutral and equitable to all, so let’s Stand Up for a Cause.