‘Be careful in slapping anti-dowry law in matrimonial disputes’
28 Oct 2014 4:41 AM IST
The Home Ministry has asked all state governments to be judicious in slapping the stringent anti-dowry section of IPC in matrimonial disputes as the provision may be used as ‘weapons rather than shields by disgruntled wives’.
In an advisory to the states and union territories, the Ministry has asked them to instruct their police officers not to automatically arrest a person when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41, CrPC (When police may arrest without warrant).
According to Section 498A of IPC, husband of a woman or his relatives subjecting her to cruelty shall be punishable with imprisonment for up to three years and fine.
The Home Ministry advisory quoted a Supreme Court observation which said there is a phenomenal increase in matrimonial disputes in recent years and the fact that section 498-A of IPC is a cognisable and non-bailable offence has lent it a dubious place of pride among the provisions that are used as a weapons rather than shields by disgruntled wives.
In an advisory to the states and union territories, the Ministry has asked them to instruct their police officers not to automatically arrest a person when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41, CrPC (When police may arrest without warrant).
According to Section 498A of IPC, husband of a woman or his relatives subjecting her to cruelty shall be punishable with imprisonment for up to three years and fine.
The Home Ministry advisory quoted a Supreme Court observation which said there is a phenomenal increase in matrimonial disputes in recent years and the fact that section 498-A of IPC is a cognisable and non-bailable offence has lent it a dubious place of pride among the provisions that are used as a weapons rather than shields by disgruntled wives.
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