In 1983,
‘Section 498-A of the IPC was introduced with avowed object to combat the
menace of harassment to a woman at the hands of her husband and his relatives.
However lately it has been noticed that the law has been grossly misused &
is used as an arm twisting tactics certainly not by all females but most of
them. There was & is a growing trend to call without evidence, relatives,
including senior citizens and minor children, siblings, grand-parents and
uncles on the strength of vague and exaggerated allegations without any
verifiable evidence of physical or mental harm or injury.
“Unfortunately,
this Act is not used to resolve issues by the ‘have not’s but by those who
have. Most of the ‘haves’ use this Act as a weapon to seek or gain monetary
benefits,” opined Senior Advocate Mrunalini Deshmukh, one of the top lawyers
practicing in divorce and ancillary issues of custody and maintenance at Money
life Foundation's 12-week series "Police & You".
In December
2014, the apex court had observed that false complaints under Section 498A
against innocent in-laws alleging cruelty and harassment were on the rise.
"For no fault, the in-laws, especially old parents of the husband, are
taken to jail the moment a false complaint is filed against them by a woman
under Section 498-A. By roping in in-laws without a reason and for settling a
score with the husband, the false and exaggerated 498-A complaints are causing
havoc to marriages," the bench of (the then) Chief Justice HL Dattu and
Justice AK Sikri had observed.
The Apex Court
had noticed the fact that most of such complaints are filed in the heat of the
moment over trivial issues. Many such complaints are not bona fide. At the time
of filing of the complaint, implications and consequences are not visualized.
At times, such complaints lead to uncalled for harassment not only to the
accused but also to the complainant. Uncalled for arrest may ruin the chances
of settlement. The Court had earlier observed that a serious review of the
provision was warranted.”
Accordingly, In
July 2017, the Supreme Court, in a case titled Rajesh Sharma & Others Vs State
of UP & Others, had issued a series of guidelines, including constitution of Family
Welfare Committees, to check the misuse of Section 498A. The Bench stated,
“Omnibus allegations against all relatives of the husband cannot be taken at
face value when in normal course it may only be the husband or at best his
parents who may be accused of demanding dowry or causing cruelty. To check
abuse of over implication, clear supporting material is needed to proceed
against other relatives of a husband.”
The apex court
has asked the District Legal Services Authorities to set up a three member Family
Welfare Committees at district level. These Committees will review complaints
filed under Section 498A and interact with parties involved in such cases. The
Committee will prepare a report of the case and submit it to the relevant
authority.
The Supreme Court has said that there will be no arrests under
Section 498A, unless the District Family Welfare Committee report vets domestic
violence by family members. Pending the Committee report, no arrest will be
made, the apex court said. The relatives may appear for hearing before the
Committee via video conferencing & their personal appearance is not
required. In addition, impounding of passports and issuance of Red Corner notices
for people staying abroad would not be a routine practice.
The cases under 498A
would only be investigated by designated Investigating Officers of that area.
It has also been left open to District and Sessions judges to dispose of
criminal proceedings should the parties arrive at a settlement. Judges will
also have the power to club all matrimonial disputes related to the parties so that
'a holistic view is taken'.
A Family Welfare Committee has been constituted for Nagpur District & the said Committee has been working as per the guidelines of the Hon. Supreme Court.
(The blog writer is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides, he is President of "Consumer Justice Council", Secretary of "SARATHI", Member of "Jan Manch", Holds "Palakatva of NMC", Is a Para Legal Volunteer, District Court, Nagpur & Member of Family Welfare Committee formed under the directions of Hon. Supreme Court).
Pl Visit my you tube link for further details.
https://youtu.be/8HOuI7g46_c
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