Misuse of 498a by young women, extortion of money from men and their families using false dowry case arrest threats and quick divorces with a bounty have become commonplace in this society.
Hardworking, law abiding citizens are the real victims in these cases !!
While it is laudable that some state governments have been sensitised to this misuse, I feel the measures below are still NOT sufficient to safeguard men
What’s worse, once an arrest is made the marriage is irretrievably broken
In fact its women who have decided to ditch the marriage and make a quick buck, who will insist on such false cases being filed !!!
Look at this circular below : it says that arrest is to be made only in fit cases… who decides what is fit ? why criminalise a matrimonial case ? no one gains by arreesting elderly parents of the male (hubby) …
by keeping a few doors open the law is still open to misuse and abuse
============== news ==============
Cops asked to exercise caution in dowry cases
M K Madhusoodan, TNN Jul 7, 2012, 06.26AM IST
Men falsely accused of demanding dowry can breathe easy. Checks and balances have been put in place to handle dowry harassment complaints that have often led to accused husbands and in-laws being arrested.
Police officers in Karnataka have been told to exercise restraint while making arrests on plaints relating to offences under Section 498-A of the IPC.
A recent circular has laid out guidelines to handle such complaints. “An arrest under Section 498-A should be made only with a written order from a police officer of the rank of superintendent in the districts or deputy commissioner in commissionerates. Arrests should be resorted to only for acceptable reasons,” the circular said.
CHECKS & BALANCES
Counsellors will mediate between spouses Counsellors’ reports will be sent to DCPs/SPs Officers will invoke Section 498-A if they’re not satisfied with counselling results Investigating officers can arrest accused husband and in-laws only with written order from jurisdictional DCP/SP
All dowry plaints will be screened
Bangalore: The Karnataka police officers have been instructed not to accept dowry harassment cases at face value, and study them well before pressing ahead. This could spell the end — or, at least, reduction — of false and trumped-up cases.
According to a recent circular, all complaints should be screened by professional and trained family counsellors to weed out frivolous cases. Their reports will be submitted to DCPs or officers of equivalent rank; only if they are not satisfied with counselling results can Section 498A be invoked.
The advisory follows recommendations of the Rajya Sabha Committee of Petitions, which has asked the state governments to take effective measures to curb misuse of Section 498-A. The circular also mandates that the guidelines should be displayed at all police stations to ensure the public are aware of their rights/liabilities. ` The dowry harassment law should not be invoked against juveniles, the advisory says.
In case of any exceptions, the investigating officer should ensure children are put under the care of the child welfare committee for interim care.