Apex court against misuse of anti- dowry laws

The SC said according to latest statistics, the rate of chargesheeting in dowry harassment cases is as high as 93.6%, while conviction rate is only 15 %. In the second case, the court ruled that only those related closely to the deceased’s husband by blood or through marriage can be booked for “ dowry death” under the IPC and not distant relatives.

The Supreme Court of India delivered two landmark judgments set to go a long way in curbing misuse of antidowry laws and dowry death provisions by women and her family which is resulting in widespread harassment of husbands and in- laws.

In the first ruling, a bench headed by justice C. K. Prasad said the “ attitude to arrest first and then proceed with the rest is despicable” which must be curbed and directed all state governments to ensure that police do not resort to arresting in all offences punishable up to seven- year jail term including dowry harassment cases. “ Section 498- A was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498- A is a cognisable and non- bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives”, the court said.

But the court hastened to add that “ this does not mean that such a person cannot be prosecuted for any other offence in case the allegations constitute offence other than dowry death”. The judgement is significant and has far reaching consequence, as the police have been booking even distant relatives misinterpreting the term “ any relative of her husband” under Section 304 of IPC.