|
|
The problem, however, has been that there was no mechanism brought into play to ensure that women didn't lie. The law against perjury is virtually non-functional in India and there are no deterrents to ensure that complaints made under this section to ensure that only genuine cases are registered.
In December 2003, the Minister of State for Home Affairs, I. D. Swami said, "There is no information available with the Government to come to the conclusion that many families in India are suffering due to exaggerated allegations of harassment and dowry cases made by women against their husbands and other family members involving them in criminal misappropriation and cruelty."
The statement is probably not entirely true although cases of abuse of section 498(a) may simply be isolated ones and not part of a general trend. The answer though probably doesn't lie in making the law bailable and compoundable but in amending it so that bonafide and malafide complaints can be separated.
References:
1. Statement referred to in reply to Rajya Sabha starred question no. 230 for 17.12.2003 regarding amendments in sections 406 and 498(a) of the IPC http://164.100.24.219/annex/200/AS230.htm
2. Laws against domestic violence : Underused or Abused? by Madhu Kishwar http://www.indiatogether.org/manushi/issue120/domestic.htm
3. Misuse of 498A - much ado about nothing? by Bikram Jeet Batra http://www.indiatogether.org/2004/mar/law-sect498a.htm
|
Tags
You must be logged in to add tags.
|
Writer Profile
Nandita Saikia
Nandita Saikia has had two books published: one on Business Communication and the other on Human Rights. She has has contributed to a number of publications on a wide range of subjects although her primary interests are domestic violence and choice inhibition.
|
Comments
You must be a TakingITGlobal member to post a comment. Sign up for free or login.
|
|
