498a one of the MOST misused section in India !! K G Balakrishnan, Ex CJI !! April 1, 2015

Return to frontpage

Updated: April 1, 2015 08:08 IST

“..Mr. Balakrishnan also pointed out that Section 498 A of the IPC, which gave women legal recourse for dowry harassment, was one of the most misused legal provisions in the country. …”

Special courts sought to handle domestic violence cases

K. G. Balakrishnan.jpg

Special family courts should be set up in the districts to handle cases filed under the Protection of Women against Domestic Violence Act (PWDV Act) to ensure that women get due relief and justice, Chairperson of the National Human Rights Commission K.G. Balakrishnan has said.

Addressing a national seminar on the PWDV Act, organised by the State Social Welfare Board and the Department of Social Justice here on Tuesday, Mr. Balakrishnan said there were few magistrates today who had the experience and wisdom to handle the Act, many provisions of which had serious legal implications and which needed to be dealt with sensitively.

He suggested that at least two special family courts be set up in every district to handle domestic violence cases as the magistrates’ courts were at present overburdened and the provisions of the PWDV Act were too serious to be interpreted lightly.

Mr. Balakrishnan also pointed out that Section 498 A of the IPC, which gave women legal recourse for dowry harassment, was one of the most misused legal provisions in the country. He said that lawyers were to be partly blamed for it as most of them tagged on a charge under Section 498 A also to every other case to throw more weight behind the original case or just harass the opposite party.

Minister for Social Justice M.K. Muneer said the government had decided to give statutory powers to ‘jagratha samithis’ as these had a crucial role to play in monitoring issues of domestic violence or sexual abuse at the grassroots level.

Dr. Muneer said the government had also issued new guidelines to the effect that schoolteachers and anganwadi teachers were responsible for reporting to the police any case of sexual abuse or domestic violence against children that they may come across. He said Kudumbasree was currently engaged in a social crime-mapping exercise across the State to collect information at the local level and identify if there were areas in the State which were more vulnerable to social crimes.

source : The HINDU

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Advertisements

3 thoughts on “498a one of the MOST misused section in India !! K G Balakrishnan, Ex CJI !! April 1, 2015

  1. Rakesh Parab

    Actually changes is very much require is such cases, as many lawyer suggesting and women’s using this act and gaining money from there husband by using this act. and if they failed then they are using the Marriage act for the same referring the sections under domestic violence act.
    i am the one of the victim of this. many time the family court judges also not considering the men’s side and just referring the sections which protecting to the women’s and their rights. indirectly they are officially authorizing the women’s and there family to gain money from husband’s and giving name of interim maintenance. it doesn’t mater that weather the petitioner is men or women but always men’s getting impacted from this. it’s my humble request to the person who can front-ending for such issue to raise this concern in parliament to modify this section and also if the police or the official or court whoever is investigating they will have to charge the penalty to the petitioner or jail at least six month for filling false cases. then only we can get the good control on this. because their is provision if the men’s caught guilty then he get jail or he will have to pay the compensation amount but no provision for filling false cases.

    Like

    Reply

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s