Misuse of dowry laws – Comments from the Chief Justice
The prevalence of dowry in today’s society is an open fact; most people see it in operation either in their own marriage, or in the marriage of their family members; or you see it on operation in the case of acquaintances. So as an example, I have seen dowry in operation in the case of a family friend where her in-laws insisted on a car as a part of the marriage (and even specified the type of car that was requested). They had accepted that this was a price to be paid for getting their daughter married (and one should fault them equally for being so desperate to get their daughter married). Of course, in all cases of dowry, the boy’s side is always evaluating the value they can get for their boy and have no qualms in demanding the same.
A lot of this dowry expectation is now baked into society, and there do no seem to be any easy solutions (people giving dowry expect that this is the price they need to pay to get their daughter married, and those demanding dowry do not care that such expectations are illegal in law). To make the scale more even, the Government of India has introduced a number of laws that seek to even the scales, and empower women. However, in trying to even the scale, the laws give a lot of power to women, and in some cases, there has been misuse. There have been many reported cases where the threat of usage of such laws (and consequent police action) is used as a level to force settlements; it has been pointed out in court cases and by many pro-male organizations. And when the Chief Justice of India points this out, you can be sure that this is a deep matter of concern:
Categories: Discrimination, Dowry, Judges, Judiciary, Law, Marital, Police, Women Tags: Discrimination, Dowry, Investigation, Judicial, Law, Police, Reform, Responsibility, Review, Welfare, Women
Bihar Police takes steps to safe-guard against 498 (A)
The Section 498(A) of the IPC is meant for prevention of crimes against women, something that this country has struggled with for quite some time now. If you read the actual Section, it talks about: “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”. This was meant to ensure that a woman subjected to harassment in her matrimonial home can take legal measure to protect herself. However, as with any law that favors one side of the dispute, it is subjected to misuse (and there are numerous complaints about the law being misused – refer to this link).
The main complaints against this law (from whatever I have read so far in various articles, web sites, and email) is that:
- the law has allowed the daughter-in-law to subject the entire family of her husband to its provisions
- the police do not investigate the case, but based on the complaint, have been known to drag all the accused (including elderly people and children)
So here is an update from a directive sent out by Bihar police:
Categories: Bihar, Dowry, Investigation, Law, Marital, Police, Punishment, Violence, Women Tags:
Government looking to check misuse of dowry laws
The incidence of dowry in the country is a fairly high chance. Over a period of time, it has evolved from something that was supposed to be a gift given to the bride (and maybe the only thing given to the daughter of the house from the family property) to something that is seen as the right of the groom’s family. The belief is that if the son is skilled or from a good family, or of the right caste, then it is the right of the girl’s family to open their wallets and give umpteen amounts for the marriage. There are people who dispute the amount of dowry prevalent in today’s society, but open the newspapers or see TV, and you will society temporarily idolizing the girl who stood up to the dowry seekers, or you will read more grisly tales of brides being subjected to torture or being killed due to problems with the dowry being paid. In many cases, it is not cash, but the demand is for a vehicle, or even more subtly, a loan (never to be returned), to help the boy do better in a business or some other need. I know a case where a boy’s grandparents demanded a car at the last moment (within 10 days of the marriage), and the poor parents felt that they had no option other than to give in and mobilize the funds to buy and give the car.
So, there are a set of laws to even the scale; these laws would not actually pass the test of being totally lawful since they do weigh more in favor of the girl. Many would argue that this is right, since society is totally in favor of the demands by the groom. However, as always happens when there are a set of laws that are more in favor of one section, the misuse of these laws happen. So, for all the times when the dowry laws help a tortured or suppressed girl, there are numerous other cases where the same law is used to threaten the family of a groom where there has been no incidence of dowry. For a case where there has been marital discord, the threatened use of dowry can turn the tables, since the groom’s family have learned to fear the use of dowry laws. The allegation of dowry can bring about unwanted media attention including vilification, closer attention by cops (maybe some days in jail as well), and a significant pressure level to settle the case.
