08/09/2013
SC SUGGESTS RE-LOOK AT DOWRY HARASSMENT IN IPC
The Supreme Court calls for a serious re-look at Section 498 A, the dowry harassment clause in the Indian Penal Code
The Supreme Court of India has expressed serious concern over the number of dowry harassment cases being filed and has asked the Centre to re-visit the law on the issue. It noted that, throughout the country, courts are receiving a large number of cases under Section 498 A of the Indian Penal Code (IPC), which was inserted in 1983 to deal with dowry harassment cases.
The court said: “It is a matter of common experience that most of these complaints under Section 498 A of the IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, a rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern.”
“We would like to observe that a serious re-look at the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases,” said the Bench comprising Justices Dalveer Bhandari and K S Radhakrishnan.
Justice Bhandari, writing the judgment for the Bench, said: “The courts are receiving a large number of cases emanating from Section 498 A of the Indian Penal Code. Unfortunately, matrimonial litigation is rapidly increasing in our country. All the courts in our country, including this court, are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people in society.”
“To find out the truth in such complaints is a Herculean task in a majority of cases. At times, even after the conclusion of a criminal trial, it is difficult to ascertain the real truth,” Justice Bhandari added.
He directed the registry of the apex court to send a copy of the verdict to the Law Commission and the law secretary who may place it before the Union law minister to take appropriate steps in the larger interests of society.