Women are misusing the dowry law for ‘legal terrorism’, Calcutta Court claims
Section 498A has been introduced to eliminate the issue of dowry from society. "But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed", the Calcutta High Court said.
Dowry is a type of gift, usually monetary or material, given by the bride’s family to the groom’s family at the time of marriage. Dowry is an Indian cultural custom with strong historical roots. While society takes pride in son’s birth in expectation of heavy dowry demands, but equally grieves a daughter’s birth for all the upcoming expenses, yet many families take pride in offering heavy dowry to the groom’s family just to feed their own pits of social status.
But there are two sides to every coin, which shows majority of women are pushed into the pit hole of abuses and harassment in the name of dowry and higher demands from the in-laws and in worst case, from husbands too.
Fast forward to 21st August, 2023, when Calcutta High court had to release a statement contradicting its own lawbook, using the term ‘legal terrorism‘ for women who misuse the law which was solely meant for their protection and well-being.
Section 498A of the Indian Penal Code makes it illegal for a woman’s spouse or his family to treat her unjustly.
According to the High Court of Calcutta, more and more women are abusing the strict anti-dowry statute to get rid of their spouses and in-laws.
The judges claimed that although the law was meant to aid women, it was instead being abused by estranged wife of the accused.
While hearing motions made by a man and his family contesting criminal charges brought against him by his wife, the top court made pointed observations.
“The provision of section 498A has been enacted to strike out the dowry menace from society. But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed. Harassment and torture enumerated in the definition of security u/s 498A cannot be proved solely by the de facto complainant,” the single judge bench of Justice Subhendu Samanta said.
“The direct allegation against the husband by the de-facto complainant is merely from her version. It support no documentary or medical evidence, the law allows complainant to file a criminal complaint, but the same has to be justified by adducing cogent evidences,” the court added.
The pair had been living separately from the man’s family since the beginning, the court also noted.
“The allegation contend in the petition of complaint are concocted, no such fact of assault or torture has ever been effected upon the complainant. Since the marriage the woman never intent to stay with her in-laws consequently, a separate accommodation was arranged by the husband petitioner and they are residing separately there,” the court said.
While there is no current way to prevent false dowry cases, we will have to wait until Parliament realizes that the constitution and laws need to be improved. The only option we currently have is to start a social movement for better social justice to those who are falsely accused under the threats of laws in favour of women, unleashing ‘legal terrorism”.
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