How the dowry act is exploiting grooms ?
How the dowry act is exploiting grooms?
We all are aware of the fact that Dowry Prohibition Act, 1961 acts as a supportive pillar for women. It was for those victim women who undergo pain and severity, after their marriage. To stop the dowry death ratio, there are certain actions that are amended by Government such as punishment time period was increased, etc.
But in recent reports we have seen some twist and turns, which depicts that dowry act is exploiting grooms. This is something on which we cannot believe easily, because it is very surprising. In recent petitions, it was found that how women are misusing dowry act in India. We have only heard that how women bear brunt pains. But this time men have filed a petition for a false dowry accusation.
All this has made “Dowry” a complicated story. So it was important to take strict action against it. Therefore in India Supreme Court made a judgment which was for ending the misuse of dowry system. Special orders were announced by the authorities as an anti-dowry law. This step was implemented after going through the false cases which were filed by men from different states.
In this certain points are added like:
- According to this, No one can arrest the people accused by the victim for dowry harassment until and unless all charges were verified.
- In India, every year there are ample of cases take place in which people are arrested for demanding dowry, out of them some are completely false. Therefore, now along with victim complaints, it is necessary to have proof.
The special process was designed to control such conditions:
It is mandate to follow proper steps, whether its police or court so that right person wins. After that, it was decided that dowry-related complaints will be referred first to Family Welfare Committees; which are now established in every district.
In this, it was also concluded that no one can arrest the opposition party until committee investigation is over. It means that in case of physical harassment, like injury as well as death of a woman; the groom will be arrested immediately. But on the other hand, if matter is not severe, then committee can implement every possible step.
According to Supreme Court, it's important for women not to make use of this law as a weapon. It is a protective shield, but using it as an extortion tool can be dangerous for them.
It has been found that to fulfill their unnecessary demands; girls are misusing section 498 A. Approximately 10,000 false cases are registered in the past few years. It indicates how even women harass their in-laws and husbands. Threatened people by Dowry Prohibition Act have become a joke nowadays.
As per the law of Section 498 A, IPC it is a provision that if husband and his parents torture women for unlawful demands or harass her then they are immediately arrested. For this, there is no need for an investigation.
Moreover, if a complaint is false, then also accused is presumed in the court until he/she feels guilty. Maximum punishment given by judiciary is of 3-years imprisonment.
Action against false complaint:
After analyzing the dowry cases judiciary is very well aware of the misuse of Section 498A. Complaining false petition comes under legal terrorism. There are some organizations that do not want to understand how women are accusing their partners. Judiciary is helpless because of extreme pressures from the feminist groups.
As we all want women empowerment, but still there are some people who are misusing these laws and orders. There are ample of bills which are still pending at Rajya Sabha against the Section 498A. We all agree that it is important to educate women or make them independent. But they have to understand that misusing these laws can affect needy people. The fake allegations against people are quite dangerous for both grooms as well as the bride.
How dowry cases are becoming complicated day by day?
It is true that men are targeted by bride due to false complaint:
- Due to this, the Dowry Prohibition Act has been multifaceted. In some areas, women are not able to raise their voices as no one can believe them. Thus some even commit suicide.
- Same is in the case of men; they try to fulfill the need of their wives. So that can save a relationship or stay away from imprisonment or fine charges. Due to which whole family suffers a lot.
According to media reports, due to this elderly people have to move towards old age homes and divorce cases are increasing day by day.
So it has been demanded by the people that under section 498A it is important to make fair decisions. It is important to investigate properly so that people can enjoy their rights. Even people from Feminist groups have to take a stand so that the girls who are actually bearing this pain can come out from this.
How you can overcome false dowry cases?
Whether men or women it is important to initiate for your defense. It is quite true that investigating things take time. So if you want to defend yourself from a false complaint or mental torture, then you can take the help of technology.
There are following options which you can choose to defend yourself:
- It is important to have even small pieces of evidence which can defend you
- You can record voice calls, email, and chat; so that can use as a source of evidence
- Do not show original evidence to anyone until the police ask you about them.
- Giving or taking dowry at the time of marriage is counted under crime. So it is important to collect the evidence that you have neither demanded dowry.
- If your wife is harassing you, then it is important to show all the evidence in court
- If you are arrested under section 498 A, then can also show these evidence for anticipatory bail
These are certain actions which you can take for yourself. It's better to move out of a relationship instead of being in it. So you can file a divorce case in such conditions and can show all the evidence if want to stay away from fine charges or alimony. If your wife is blackmailing you, then it's better to file FIR against her. With a written letter you can also discuss your cases verbally with a police officer. In the police station no one will file your blackmailing case, so get drafted by a trial lawyer. After that, your case will get registered in police station.
It is important to take the help of legal experts, instead of sorting out the problem by own. This is quite a crucial matter, which can become dangerous if not tackled properly. If she had left your place, then you can even file Restitution of Conjugal Rights (RCR). In this, you have to mention all the conditions and can only stay together if she agrees with your all terms and condition.