DILUTION OF DOWERY HARRASMENT LAW; AN EMBRESSED SILENCE AMONG WOMEN

Abstract

Woman face several obstacles while deciding to take any step that may threaten the marriage given its ‘revered status’. The constitution has the provision of substantive equality built into Art 15 for the benefit of disadvantaged groups including woman .Section 498-A is a meant to be a reflex ion of that constitutional commitment is the principal of substantive equality. The formulation of Section 498A has been the strongest statement from the State so far to empower women to fight domestic violence. Not surprisingly it has met with resistance from men and the police who claim 'misuse' and would like it scrap, result of this phenomena that a crime under section 498-A of Indian Penal Code should be treated contrarily and allowed to be negotiated. India’s highest court has sparked a bitter controversy after it said laws set up to protect woman from demand for dowry payments were being misused by ‘disgruntled wives’ to get bake at their husbands .The Supreme Court delivered a land mark judgment which in activist view can only be termed disastrous for the right and safety of women. The SC in the case of Arnesh kumar vs State of  Bihar  directed the police “not to mechanically make arrest when case under the cruelty for dowry harassment  (498-a) registered. The court said the police should satisfy themselves about the necessity for arrest under the parameters provided u/s 41 of Criminal Procedure Code. In this judgment SC has considerably diluted the force and Implementations of sec 498-A of IPC, which was a retribution due to some scheming women who misused the law, that’s imposed on those innocent women who actually harassed. Activist who are fighting to protect woman against abuse and violence said that court rulings has “retrograde “and would made woman more vulnerable .

 A crime after all is a crime, treating some crime more leniently then others because they pertain to woman are against the most basic principles of justice. The fact that sec 498-A is cognizable and non-boilable offence has lent it a dubious place of pride amongst provision that is used as weapons rather than shield disgruntled wives. Extremely strong words indeed and unfortunately a clear pointer to be already lack luster implementations of laws made to protect woman from atrocities.

The court did not ever say that–do not arrest the accused-the court only insisted to arrest the after proper investigation and evidence.