What is 498a and Why YOU need to know about it

Indian Penal Code section 498A, commonly known as the anti-dowry law, was enacted to protect married Indian women from dowry harassment.

The Law is codified as under:

498A. Husband or relative of husband of a woman subjecting her to cruelty

Whoever, being the husband or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine.

Explanation- For the purpose of this section, "cruelty" means-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or
any person related to her to meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person related to her to meet such
demand.]

Unfortunately, unscrupulous women have been misusing this law as a legal tool to extort money or seek revenge on husbands and their families. A single written or oral complaint by a woman, irrespective of its authenticity, is enough to arrest her husband, in-laws and anyone else named in the complaint, without investigation. Falsely accused families are presumed guilty and are harassed by none other than the protectors of law, until the accused prove their innocence in the court. Many accused families are forced to settle their cases by paying exorbitant amounts of money and assets demanded by the complainant woman. Several other cases drag on for years without a verdict, and very often due to failure on the part of the complainant wife to appear in the court. Prolonged legal battles worsen the suffering of the already wounded innocent families. Though projected to be a law benefiting women, 498A has, ironically, victimized countless innocent women related to the husband’s family.

The majority of cases filed under IPC 498A are not cases of actual dowry demands, but represent malicious intentions and attempts to legally blackmail innocent husbands and in-laws for money or other reasons. Women who want to stay in a marriage or obtain a divorce have been using the law to manipulate unwilling husbands to concede to their demands. A study conducted by The Center for Social Research indicated that 98 percent of the cases filed under IPC section 498A are false.

The Supreme Court of India has termed misuse of 498A as "Legal Terrorism."

Judicial authorities nationwide have been urging for measures to stop such misuse of dowry laws. The World Health Organization has expressed grave concern over the way old parents are legally abused by their daughters-in-law misusing 498A. The situation is so serious that even foreign governments have taken note of it. Specifically, the US and the Canadian Governments have issued warnings about the misuse of the dowry law on their official websites.  

Despite documented evidence that section 498A of IPC has been heavily misused affecting more and more men and women everyday, and several Govt. committees recommending  amendments to this law, no serious proposal has been presented in the parliament by the Government.