Blog on Misuse of section 498( A) and dowry act .

Misuse of section 498 {A} and dowry act.Articles on Dowry Practices and 498 (A) Section of Indian Penal CodeComprehensive amendments to legislation to prevent dowry practices :Main Factors of Misuse of Section 498 {A} -----

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• In Indian society, the custom of giving gifts by maiden husband after the departure of the girl after marriage was very old, if we study the texts of Maha Bharat and Ramayana etc., we get a description of it, when mother Sita's departure was from Mithla. During his departure, many gifts were given by King Janaka, even to his servants, Das Dasi was also sent, similarly in the Mahabharata period, the Panchal King. He was given gifts by Maharani Draupati in goodbye, but it was not a demand, it was a gift given to his daughter voluntarily, there was no compulsion, if you study other ancient Indian religious texts, then there is no description of a dowry like dowry. If we look at the Mauryan history even in 323 BC, there is no mention of the beginning of this system. The dowry system mainly started in the middle ages. However, there is no concrete evidence of when this misdemeanor started, at this time during the marriage, there was a stagnation in relation to the bridegroom giving gifts by the bridegroom and the conversation started and a misdeed took birth in the society. Took, and seeing it fell widely in the society, women were tortured for dowry, even the daughter-in-law started being burnt. Lack and absence Shicchit of women was that they could not raise voice against this evil practice |Seeing the demonization of this dowry spread in the society, for the first time in 1967, the Dowry Act was enacted, in which dowry was declared a crime and if a person demands dowry or if someone demands a dowry, punishment for both. Provision was made, but even after this, there was no reduction in this crime because the bride and wife used to have silent consent in it and in the greed of marriage in their daughter's good house, people dowered. Used to live.As the society progressed on the path of progress, the voices of protest started rising in 1980-82 in Poona, this movement was organized by women organizations for the ruthless killing of Manju Sharda and Sahila Lalkar. , And the Indian government was forced to think about the safety of women, at the same time films made by the Indian film industry were coordinated with the issue as the groom sells. Will buy etc.! In view of the widespread opposition to this practice in society, amendments were made in the Indian Penalty Act, Indian Act, Act and Criminal Procedure! Amendment of the Indian Penal Code, for harassing the woman and her family for dowry 498 (A ) The offense added to the section was declared non-criminal as well as those demanding dowry and his family who are involved in this act, punishment of more than three years and Penalty was provided, as well as section 304 {B} was added for killing a woman for dowry, which provided for punishment and fine of more than seven years, along with the Domestic Violence Act. The main purpose of enforcing the laws was to provide comprehensive protection to the women in the society as well as to prevent the heinous crimes happening for dowry, but as we know, take the law Cows are made for the betterment of the cow, but it is also widely misused, this law is also being misused in the present times, the laws are always made for the good of the people and only in the society. The law has been made so that in a civilized society, the burning of multiple daughters for dowry is not justified, but its misuse is also increasing continuously. Statistics show that writing in dowry case E went every third F. IR is a forgery and the accused in the court get acquitted due to a fake case! In the case of Savitri Devi against Ramesh Chandran and others, the Honorable Supreme Court found that this act is being misused, similarly Rajesh Kumar and In the case of Orissa state against the other, the Honorable Supreme Court found that this act is being widely misused and issued necessary guidelines. 1 But its misuse is not stopping. This section is being used to bow down to the other side of the Brahman weapon, and ironically it is only one woman who is using it towards another woman, and the family is registered when the case is registered. Children writing and reading are also dragged and their lives are ruined! Due to the increasing misuse of this stream, the self-murder of men is increasing, and they are depressed. Action is to be a victim!A division bench of two judges of the Hon'ble Supreme Court gave an arrangement to stop the misuse of the Dowry Act in one of its decisions, which is as follows -----:But in 2019, a three-judge bench passed the decision after hearing the petition of some women's organizations and said that the formation of civil society in the said case is not practical and overturned the said system and passed the following guidelines!

This decision of the Honorable Supreme Court should be respected, but surely this decision will give a big boost to the people who misuse this act, we are moving towards a civilized society where women and men are shoulder to shoulder. Together, at this time, if someone in the society misuses any law and falsifies an innocent, then it is not right at all, the law also has the intention that someone is innocent If the punishment is not met, if it is found then the whole family is tortured, so now there is a need for extensive amendment in this law, as well as if it is said that women and men are equal then amend the law also in the back of the men. Need to make!

• Maike Pakchha's excessive interference in girl's in-laws!

• Egoism collides with being educated!

• Extreme lack of patience!

• Give more importance to money than relationships!

• The rise of the Bhogi culture!

• If any ff If the victim is written by the victim, then the accused people will not be arrested directly!

• Consolidated F. I.R will be sent to the magistrate here on which a civil society will be formed to consider it.

• The said panel will be able to handle the matter related to the matter and will call the prosecutors concerned and if the crime is committed then the case will be registered!

• If any FIR is registered in this regard, then the police will directly arrest and register the case!

• The case will be heard under normal procedure!

• There will be facility of anticipatory bail, the victim can file a petition for anticipatory bail in the court!

Sincerely

Pradeep Tiwari (Advocate)

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