Many eminent people in the Judiciary have raised serious concerns about the misuse of Section 498A.  The booklet “Silent Tears of Shattered Families” talks at length about the misuse of Section 498A. You might find the statistics section to be particularly interesting, as it talks about the increased load on judiciary due to these false cases.

The misuse of these laws has been extensively covered and exposed in the Media. Mr. Rajat Sharma of India TV exposed a racket wherein a false medical certificate to falsely implicate the husband in a Domestic Violence of Dowry Case can be obtained for Rs. 10,000 and a certificate to falsely implicate a colleague in a Sexual Harassment case can be obtained for Rs. 5,000. Various segments of this program and several others are available here.

Various attempts to rectify the situation by eliminating the injustice in these gender-biased laws have been thwarted by radical feminists. Time and again, various Govt. Committees have proposed amendments to these draconian laws, but the Govt. has repeatedly succumbed to pressure from vested interests. This was admitted by the Govt. in the Lok Sabha on 6th March 2007, where the State Minister of Home Affairs said the proposal to make 498A compoundable was dropped by the Govt. at the “request” of the women organizations “to retain the effectiveness of this legal provision” (Encl 4a). Infact, radical feminist organizations like AIDWA threaten nation wide protests, if the law is even considered for judicial review.

It is evident that the Govt. lacks the political will to amend these gender-biased laws to make them just and fair. In this matter, as in so many others, Judiciary seems to be the sole institution capable of undertaking the responsibility for eradicating this social menace responsible for the loss of numerous lives and for the destruction of thousands of families. In India, The Judiciary has distinguished itself, time and again, by constantly striving to protect the best interests of the society and the nation, when the political establishment has failed to do so.  We sincerely hope that the Judiciary rises to the occasion by taking appropriate measures to safeguard the well being of innocent families.

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