NEW DELHI: Every year more than 10,000 complaints of dowry harassment are found to be false. Given that close to 90,000 to 1 lakh cases are investigated every year, the figure makes it one of the most abused laws in the country.Government is now working on a proposal to make Section 498A of the Indian Penal Code—that deals with offences engof dowry demand and cruelty by husband and in-laws—compoundable. This means that the law, if amended, would have the provision of settlement between the warring couple if the court allows the same.READ ALSO: False dowry charge ground for divorce, Supreme Court rulesAs the law stands now, the offence is non-compoundable and non-bailable. This leads to immediate arrest of husband and in-laws with onus to prove their innocence on them. It also rules out any effort at reconciliation.Sources in home ministry said that the ministry sent a draft note for the Union Cabinet to amend Section 498A of the IPC to the law ministry for drawing up a draft bill. Making dowry law compoundable was also among recommendations made by the law commission and Justice Malimath Committee.The new law would also have penalty provisions of Rs 15,000 as against Rs 1,000 now if the case is found to be false, said sources.
However, it would not be easy to get an amendment such as this through easily as women's rights activists have been vociferously opposed to such moves in the past. The argument against any dilution of the law is that it is the strength that several economically dependent and helpless women have against dowry harassment. A dilution effected due to over 10% false cases will affect millions whose cases may be genuine.
Also, w.r.t. Domestic Violence Cases, the common perception is that they are also overwhelmingly false. A study done by a Bangalore based Mens Rights Organization put the no. of false cases upwards of 90%. Though no extensive independent study has been done about it and no data is collated by any government agency about the same.
However, it would not be easy to get an amendment such as this through easily as women's rights activists have been vociferously opposed to such moves in the past. The argument against any dilution of the law is that it is the strength that several economically dependent and helpless women have against dowry harassment. A dilution effected due to over 10% false cases will affect millions whose cases may be genuine.
If you juxtapose NCRB data on the crimes registered and persons convicted, it can be safely assumed that nearly 98% of Dowry cases registered in India are false.
Also, w.r.t. Domestic Violence Cases, the common perception is that they are also overwhelmingly false. A study done by a Bangalore based Mens Rights Organization put the no. of false cases upwards of 90%. Though no extensive independent study has been done about it and no data is collated by any government agency about the same.
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