This article is a very crafty one which, in the pretext of acknowledging the misuse of women-protection laws including IPC section 498a, goes on to protect wrong arguments like misuse is very rare and that dowry deaths are very common place. Nothing can be far from reality, since there's only misuse prevailing in section 498a, with only 2% conviction based on National Crime Records Bureau(government) statistics, considering the total number of FIRs registered compared to the final number of convictions in the case of IPC section 498A.
In case of dowry deaths, it's found out that majority of the cases are of "revenge" by the deceased girls family upon innocent Husband's family.
The example of bride's sending back grooms who demand dowry(as referred to in this article) itself has a prime case of misuse, when it was proven in the trial court, in the case of the famous "Nisha Sharma" case that she was having an affair before marriage, and to wriggle out of the marriage which was fixed against her will by her own family, she cooked up a false incidence of Dowry demand by the groom's side and sent back the groom's barat(groom's family & entourage).
In short there's ONLY MISUSE, NO USE in case of all these women -protection laws, so much so that none can drive any benefit of justice in these cases.
This is so since the law is not just, but biased, and since the execution of such draconian laws are not according to the tenets of law and natural justice.
It suffices to quote the Supreme Court verdict in case of "Susheel Sharma vs Union of India", 2006.. That misuse of IPC section 498a is "Legal Terrorism"!!!.
In case of dowry deaths, it's found out that majority of the cases are of "revenge" by the deceased girls family upon innocent Husband's family.
The example of bride's sending back grooms who demand dowry(as referred to in this article) itself has a prime case of misuse, when it was proven in the trial court, in the case of the famous "Nisha Sharma" case that she was having an affair before marriage, and to wriggle out of the marriage which was fixed against her will by her own family, she cooked up a false incidence of Dowry demand by the groom's side and sent back the groom's barat(groom's family & entourage).
In short there's ONLY MISUSE, NO USE in case of all these women -protection laws, so much so that none can drive any benefit of justice in these cases.
This is so since the law is not just, but biased, and since the execution of such draconian laws are not according to the tenets of law and natural justice.
It suffices to quote the Supreme Court verdict in case of "Susheel Sharma vs Union of India", 2006.. That misuse of IPC section 498a is "Legal Terrorism"!!!.
14 comments:
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