Mumbai: Women activists, lawyers and even victims, who have registered complains under section 498-A (cruelty by husband or relatives of husband) of IPC, have welcomed the Supreme Court recent direction in which it has stated that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.
“As a lawyer I experience that nowadays some women are misusing section 498-A of IPC to settle scores with their in-laws. This tactics is used to harass them at the hands of police and SC order would save people from harassment in false cases,” said advocate Farhana Shah.
“Supreme court decision will not affect genuine cases because if a woman is really being tortured by her in-laws then it can be seen by naked eyes. Wounds and burn marks on body prove torture and if such marks are not present then neighbours and other acquaintances come forward as witness to prove allegations,” said Shah adding, “Putting someone behind bars on mere oral complaint is not a prejudicial to innocent people.”
Advocate Abha Singh said, “Not only women but also police misuse section 498-A of IPC. Generally after receiving a complaint, police should conduct an inquiry but they directly arrest people. They know white-collar people are scared of going to jail therefore they do settlements with police. Due to the Supreme Court (SC) judgement these unnecessary arrests will be curbed and these are good directions.”
Nowhere does the SC say in its direction that once can’t register a case, but it has said that the District Family Welfare Committee should conduct an inquiry before arresting the husband and in-laws under section 498-A, said Singh.
Advocate Uday Varunjikar said, “The issue of misuse of 498-A was raised on several occasions. The object of eliminating dowry has been frustrated on account of such misuse. Large number of acquittals goes to show that there is need for different approach to deal with the issue of prevention of dowry and harassment therefore I welcome decision of the SC.”
