I would like to bring to the groups notice ,the widespread misuse of IPC 498a in the society today. Filing a complaint under this section is as simple as ordering a meal and consequences wreck havoc on the lives of the accused and his family. The provision of non-bailable arrest and prospect of long running court cases even before establishment of guilt or otherwise runs contrary to natural principles of jurisprudence,namely, the presumption of innocense until proven guilty. The cases drag on for years and at the end of the ordeal it doesnt really matter even if one is acquiited as the damage is already done. The supreme court has recognised this and has observed that “acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery”. As there is no penalty for filing false 498a cases the perpetrators walk away with impunity. This has emboldened the brazen use of this law for ulterior motives.Young people suddenly find themselves being branded as criminals simply because their wife no longer wants to live with them. The misuse of this provision has a socio-economic dimension as well. This has become an effective instrument of blackmail and extortion in the hands of unscrupulous elements who see as an easy way to make big money. The way this functions is as follows:-
1) Marriage
2) Period of martial bliss (if any)
3) Period of differences
4) 498a/DV assault
5) Implicating relatives of husband and their families
6) Demand for exorbitant amount of money to settle out of court
7) Either money is paid by harassed victim or case drags on for years
8) Marriage ends in a divorce and the wife gets an alimony/maintenance which was the objective. 498a is quashed.(Conviction rates are as low as
2-4%). That is at least 96 out of 100 cases are victims of misuse.
The question we need to ask ourselves is whether we want the institution of marraige to be degraded to a level of becoming a shady eneterprise for money-making for some elements(as it has become in some western countries) or its value is to be preserved as the moral cradle and breeding ground for future Indians.