International Journal of Reviews and Research in Social Sciences.

8(2): April- June, 2020

ISSN 2347-5145 (Print) Available online at

2454-2687 (Online) www.anvpublication.org
DOI: 10.5958/2454-2687.2020.00010.6 International Journal of
Vol. 08| Issue-02| Reviews and Research in Social Sciences
April- June | 2020

RESEARCH ARTICLE

Anti Dowry Laws in India- A Legal Terrorism

Tripti Chandrakar
Ph. D. Student, Kalinga University, Raipur CG.
*Corresponding Author E-mail: [email protected]

ABSTRACT:
Anti dowry law has been in debate since last two decades. We don’t have any evidence to show the truthiness of
bad effects of anti dowry laws in India except the counting acquittal rate. It has been seen from the last 5 year
that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing
the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of
hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of
other additional things as a right of wife like maintenance which leads to makeable financial burden on man
irrespective of his financial and social position. Even if the complaint is false, the accused is presumed to be
guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment
for three years. After the Justice Malimath Committee Report and NCRB Observations of fake dowry cases the
apex court of India relieved the accused on immediate arrest and made the sec 498 of Indian Penal Code become
bailable. An arrest under any section only be made after reasonable satisfaction reached after due investigation as
to the genuineness of the allegation because arrest gives humiliation, curtails freedom and cast scars forever. But
in most of the cases of Section 498A, the police acted on auto piloted and make the arrest of husband and family
which become rule rather than exception. Instead of rational inquiry the police make procedure harsh. The
NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective
conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have
one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the
bottom three.

KEYWORDS:

INTRODUCTION: The law becomes weapon for the woman to harass the
The pain and pleasure theory of Benthom suggested the man as betrayal. It is true that there is need of strong and
law which gives high pleasure must be accepted and the effective law for dowry evil. Dowry death and
law which gives more pain must be rejected. Benthom harassment cannot be denied. With a view to address the
has his own definition of pain and pleasure as it varies social evil of dowry-related violence, stringent
from time, place and people, here we are talking about provisions like Sec 498A of IPC and the Domestic
the anti dowry laws in India which has been misused Violence Act were introduced. But it is also imperative
since made. that the innocent should be protected from oppression
and injustice at the hands of law enforcement agencies.
Like in IMS Buisness School Colloquium Mr. Samarth
Pandey and Debashree Chakraborty found that ´for the
Received on 09.06.2020 Modified on 18.06.2020 protection of women, the Government of India inserted
Accepted on 26.06.2020 © A&V Publications All right reserved Section 498A under IPC by the Amendment Act 1983.
Int. J. Rev. and Res. Social Sci. 2020; 8(2):103-107. But in the recent scenario, there are cases seen where
DOI: 10.5958/2454-2687.2020.00010.6
women misuse Sec 498A of IPC and legal Provision of
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Dowry Prohibition Act etc. by filing case against her murder of the helpless woman concerned, which
husband and her in-laws and get the advantages of the constitute only a small fraction involving such cruelty.
alimony and other remuneration. This section has created Therefore, it was proposed to amend IPC, the Code of
biggest problem in a current scenario for men as they are Criminal Procedure,1973 (in short ‘the Cr.P.C’) and the
being discriminated and such laws are being misused by Evidence Act suitably to deal effectively not only with
women and there is a need of amendment in section cases of dowry deaths but also cases of cruelty to
498A so as to protect men and for punishing women married women by the husband, in- law’s and relatives.
misusing the same. The avowed object is to combat the menace of dowry
death and cruelty.
So the question came do we still need to count the cases
of misuse or is there need to change the law. Here in this The act of harassment would amount to cruelty for the
paper we concentrate on the changes or abolition of purpose of this section. Drinking and late coming habits
provisions which makes the anti dowry law as weapon of the husband coupled with beating and demanding
for woman. dowry have been taken to amount to cruelty within the
meaning of this section, but this section has been held
Anti dowry law:- not to include a husband who merely drinks as a matter
Indian Penal Code- [498A. Husband or relative of of routine and comes home late. In a case before
husband of a woman subjecting her to cruelty.— Supreme Court it was observed that this section has
Whoever, being the husband or the relative of the given a new dimension to the concept of cruelty for the
husband of a woman, subjects such woman to cruelty purposes of matrimonial remedies and that the type of
shall be punished with imprisonment for a term which conduct described here would be relevant for proving
may extend to three years and shall also be liable to fine. cruelty.
Explanation.—For the purpose of this section, “cruelty”
means— any wilful conduct which is of such a nature as With the help of different landmark decisions of apex
is likely to drive the woman to commit suicide or to court can ease to decide the severity of misuse of anti
cause grave injury or danger to life, limb or health dowry law:-
(whether mental or physical) of the woman; or
1. Object of section 498a of IPC:
harassment of the woman where such harassment is with
In the case of Sushil Kumar Sharma v. Union of India,
a view to coercing her or any person related to her to
the Apex Court remarked that the object of the provision
meet any unlawful demand for any property or valuable
is prevention of the dowry menace. But it has been found
security or is on account of failure by her or any person
that in many instances petitioner have made complaints
related to her to meet such demand.]
with oblique motive and is not bona fide. With the result
of defame in society the acquittal does not wipe out the
Section 113-A of Indian Evidence Act [2], reads as
ignominy suffered during and prior to trial period. Even
follows:
media plays a bad role in this.
Sec. 113-A, Presumption as to dowry death- When the
question is whether a person has committed the dowry The court also suggested the remedial measures that can
death of a woman and it is shown that soon before her prevent abuse of the well-intentioned provision. The
death such woman has been subjected by such person to court has a statement that “merely because the provision
cruelty or harassment for, or in connection with, any is constitutional and intra vires, does not give a licence
demand for dowry, the Court shall presume that such to unscrupulous persons to wreak personal vendetta or
person had caused the dowry death. unleash harassment”. it is therefore necessary for the
legislature to find out the keys to avoid the frivolous
Explanation- For the purpose of this section ‘dowry complaints or allegations till the court have to take care
death’ shall have the same meaning as in section 304-B the cases with existing possibilities. It becomes a kind of
of the Indian Penal Code (45 of 1860). legal terrorism to the society.

The object for which section 498A IPC was introduced 2. Cruelty:
is amply reflected in the Statement of Objects and Shobha Rani v. Medhukar Reddi – In this case, the
Reasons while enacting Criminal Law (Second Supreme Court remarked that under Section 498A of
Amendment) Act No. 46 of 1983. As clearly stated IPC a new dimension has been given to the concept of
therein the increase in number of dowry deaths is a cruelty. Explanation to Section 498 A of IPC provides
matter of serious concern. The extent of the evil has been that any wilful conduct which is of such a nature as is
commented upon by the Joint Committee of the Houses likely to drive a woman to commit suicide or likely to
to examine the work of the Dowry Prohibition Act, cause grave injury or danger to life, limb or health
1961. In some of cases, cruelty of the husband and the (whether mental or physical of the woman), and
relatives of the husband which culminate in suicide by or harassment of the woman with a view to coercing her or
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any person related to her to meet any unlawful demand In this case, the Court observed that the fact that Section
for any property or valuable security would constitute 498A, IPC is non-bailable offence, it is more often used
cruelty. as weapon not as shield from harassment. it becomes a
legal weapon to wives who wants the betrayal from in
In this case it was held that evidence as to harassment to laws. It results in harassing the husband and his relatives
the wife to meet any unlawful demand for money is by getting them arrested and it is more disturbing to see
necessary to constitute cruelty in criminal law. This is bedridden grandfathers and grandmothers being arrested
the requirement of the offence of cruelty defined under without a prima facie case. Thus, the Court laid down
Section 498 A of IPC. certain guidelines which the police officer must follow
while arresting under Section 498A, IPC or Section 4 of
It was also observed that the cruelty need not to be only the Dowry Prohibition Act, 1961 and that such arrest
intentional, it is required to prove the intention in must be based on a reasonable satisfaction with respect
matrimonial offenses. According to the sec 13(1) (i-a) of to genuineness of the allegation. Moreover, even the
Hindu Marriage Act 1955 the intention is not necessary Magistrates must be careful enough not to authorise
for proving cruelty. The word has to be interpreted in the detention casually and mechanically
ordinary meaning. If the word intention is pasted with
harm, hurt or harass could be inferred by the nature of 5. Amrit Anand @ Chhotu, Versus The State of
the conduct or brutal act complained or cruelty could be Bihar
established. Gross misuse of 498A.
This case clearly explains the gross misuse of the
Noorjahan V. State- the Supereme court tried to explain provision of sec 498 A of IPC. The counselling between
the word “Cruelty” husband and wife got failed due to arrogant nature of
Consequences of cruelty which are likely to drive a wife. There were no justification of keeping the
woman to commit suicide or to cause grave injury or petitioner in jail and bond been cancelled. There was a
danger to life, limb or health whether mental or physical, clear intention of torturing husband and making him
of the woman is required to be established in order to miserable.
bring home the application of section 498 A of IPC.”
The court explained the intention of legislature behind 6. Srinivas Rao Vs D. A. Deepa
insertion of section 498 A of IPC. As there was a need of False 498a, wife stayed herself away from husband
strong law, which can prevent or deter the increasing rate deliberately and lodged a false complaint of dowry
of dowry deaths in India. In some cases it was found that harassment also alleged she was forced to sleep with
the cruelty of husband and his relatives which results in father in law.
suicide or murder constitutes only small fraction
involving such cruelty, therefore it was necessary to Marriage was solemnised in 1999. Quarrel starts
insert or amend the IPC, code of Criminal immediately after marriage and wife left the house stays
procedure,1973 and the Evidence Act to deal the present with her parents just after a day of marriage. She made a
condition. complaint of dowry demand of rs 10 lakh and also that
her mother in law forced her to have cohabitation with
3. Vinod Rajkrishan Kaushik & ors. … Vs The State father in law. Police tried to settle the dispute and both
of Maharashtra. parties agrees with terms and closed the case but the
The highhandedness and influence of the complainant NGO “Abla Naree” goes to the court. Hon Supreme
party was writ large on the face of the record and the court appreciates the entire case and decrees (a) marriage
police had detained the Petitioner No. 3 in custody broken down as parties have been completely living
without verification of the facts.….” apart (b) various cases filed by wife are cruelty (c) wife
The apex court stated that “there is phenomenal increase NEED NOT have physically lived with husband to
in matrimonial disputes in the recent years which create cruelty and grants divorce to husband … Supreme
directly claims of use of new laws.” In this case the court KINDLY provides the wife with Rs 15,00,000 !! as
husband was got arrested from hid office which results permanent alimony !!
in social obloquy. Court found that case was all fake and
clearly showed that complainant was seeking personal 7. Smt.Sunita Goyal & Ors. Vs. State of Punjab &
vendetta without there being sufficient grounds. Anr.
Reckless Malafile FIR falsely implicating in-laws
4. Arnesh Kumar….. Versus State Of Bihar vexatiously & maliciously to blackmail & grab property
The wife alleged that dowry was demanded and she was Wife made a false complaint against his brother in law
thrown away from matrimonial home on non fulfilment for property. The complaint was found purely vexatious
of such demand. and malice to put pressure on family as blackmail and
got the property. The court goes on to say “… As strange
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as it may appear, but strictly speaking, the tendency and When the same statistics emerged in the context of rape
frequency of the wives of involving and roping in all the last year, the consensus was that the police and judiciary
relations of her in-laws in the matter of demand of dowry were stacked against women’s interests. So it’s difficult
have been tremendously increasing day by day, which is to look at these same numbers now and judge that they
adversely affecting social fabric of the society and mean that women are filing false cases.
leaving the Courts in lurch to decide such criminal
prosecution. This tendency needs to be curbed and if not From speaking to lawyers and judges, my sense is that
discouraged, it is likely to affect and weaken the case of there is indeed an element of misuse of 498-A. The
the prosecution even against the real culprits in future in numbers are in their own, however, are not going to tell
this relevant direction….” us what to think.
Here are some suggestions for the fighting the present
8. Md. Quasim @ Md. Kashim @ Md. Quasim situation and filling the gap and correcting the errors of
Ansari Vs The State of Bihar provisions.
Husband arrested and Jailed for one and half years.
Granting Bail, the Hon HC says “…This case indeed Guidelines issued by the Supreme Court in the case of
discloses the extent to which the provision of Section Rajesh Sharma V. State of UP explain the lacking of
498A, IPC has been misused and as to how the legal law.
system was unkind to the petitioner…..” “..For the past The core issue was to check the alleged tendency of
and one and-a-half years the petitioner is in prison. Even woman filing complaint under sec 498A to rope in all
if he is held to be guilty of the offence alleged against family members in the settlement of matrimonial
him, the sentence cannot be that much….” dispute.
a) The allegations against the relatives cannot be taken
Bibi Parwana Khatoon v. State of Bihar (2017) 6 SCC at face value, suggested to focus on husband and his
792 father and mother who may be accused of dowry
Similar to previous cases, the facts of this case are that demand or causing cruelty.
the wife was killed by setting her up on fire by her b) The misuse has been judicially acknowledged in
husband and her relatives. The sister-in-law and brother- several cases.
in-law of the deceased wife challenged the conviction in c) The provision become the weapon to rope into the
the Supreme Court. The Court brought under notice the relatives including old age parents and disabled
facts that the appellants in the case did not even reside at people in family without there being any verifiable
the place of mishap. There was no evidence to prove evidence of physical and mental harm or injury.
their charge beyond reasonable doubt. Therefore, the d) The provision of counselling under sec 14 of the
Court acquitted them and held that the Court must guard Protection of Women from Domestic Violence Act
against false implication of the relatives. 2005 should be made compulsory before registration
of a case under Section 498A.
Rajesh Kumar & Ors v. Sate of U.P. (2017 SCC OnLine
SC 821) Measures to be taken to prevent the misuse of Section
In the present case, the husband, along with other 498A of IPC.-
relatives, was accused for causing cruelty to the wife in 1. Misuse of Section 498-A in many cases has been
lieu of demand for dowry. Most of the dowry cases the judicially noticed by the apex court as well as various
petitioner seeks revenge from the whole family and got High Courts. As the misuse is not only the ground for
arrested the relatives with no motive. However the repealing Section 498A or to alter. The object of
relatives demanded that there should be some guidelines inserting the section and deterrence must be kept in a
to avoid the situation and protect the relatives from view with fake and exaggerated allegations. We need
humiliation. It is not necessary that the relatives will be to concentrate on the motive.
party to the dowry case. Just because it has been 2. The need to spread awareness of the provision and
explained in the provision it does not been wife can drag available remedies especially in rural areas both
the family and relatives to courts in case of sec 498a. among women and men is necessary. The District
and Taluka Legal Services Authorities, the media, the
CONCLUSION: NGOs and law students will play an important role in
After analysing the above cases we may say that there is this regard. There must be professional counsellors,
an urgent need of modification in the provisions of Sec mediation and legal aid centres to avoid the harsh
498A of IPC. It is proved that more than 90% cases of effects at the early stage.
sec 498A are lodged false. Crimes against women are 3. Except in the cases of visible violence cases the FIR
more likely to be found false by the police and more should be avoided. There must be preliminary
likely to see acquittals than other cognisable crimes. enquiry before filing the FIR.
4. Establishment of family welfare committee in each
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district will definitely help to prevent misuse of

section 498A. The committee can counsel the parties
within a specified period with the help of experts.
5. There should be no arrest matter till the report of
welfare committee submitted. It would ease to the
unnecessary arrests and maintain the dignity of
husband and his family.

REFERENCES:
1. Section 498A, IPC
2. 1999) 3 SCC 620
3. (2002) 7 SCC 414
4. (2000) 10 SCC 662
5. (2005) 6 SCC 281
6. (2005) 6 SCC 281
7. (2010) 7 SCC 667
8. (2010) 13 SCC 540
9. ILR (2003) I Delhi 484
10. (1994) 4 SCC 260
11. (1997) 1 SCC 416
12. (2017) 6 SCC 792
13. (2017 SCC OnLine SC 821)
14. (2014) 8 SCC 273
15. (2012) 10 SCC 303
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6th-addl-sessn-judge-insensitive-not-even-mention-justification-2-
keep-petitioner-in-prison-bail-allowed/
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section-498a-of-ipc.html
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arrstd-handcuffed-office/
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disgruntled-wife-misuing-498a-relief-to-498a-hubbyfamily-husb-
arrstd-handcuffed-office/
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rather-than-shield-by-disgruntld-wives-supreme-court-also-no-
auto-arrest-in-498a-cases/
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