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Loksabha TV: Misuse of Anti-Dowry Act: Videos PDF Print Email
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Friday, 08 May 2009
This discussion was aired on Lok Sabha TV in the program "Gender Discourse".
"Injustice some where is a Direct Threat of Justice Every Where."

Laws intended for protection of women are being rampantly misused and innocent family members are being jailed without investigation and are entangled in vexatious, lingering and wasteful litigation and harassment by police.

Participants:
Swarup Sarkar & Abhimanyu - Save Family Foundation, New Delhi
Meenakshi Lekhi- Advocate, Supreme Court
Ranjana Kumari(on phone) - Director, CSR, New Delhi
A failed marriage is not a crime however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this as tool to extract as much monetary benefit as possible.

In many cases, where FIRs are filed under Section 498A IPC, petitions are being filed under Section 482 Cr.P.C. for quashing of FIRs after settlements between the parties and the allegations made of cruelties etc. are withdrawn the moment a lump sum payment is received. Involving each of the family members of the husband is another arm in the armory of the complainants of failed marriages.

Not only close relatives but distant relatives and even neighbours are being implicated under Section 498A and other provisions of IPC in cases of failed marriages. The Courts must be very cautious during trials of such offences. In all these cases in the name of investigation, except recording statement of complainant and her
few relatives nothing is done by police.

The police does not verify any circumstantial evidence nor collect any other evidence about the claims made by the complainant. No evidence about giving of dowry or resources of the complainant's family claiming spending of huge amounts is collected by the police. This all is resulting into gross misuse of the provisions of law.

The investigating agency in all such cases must collect all circumstantial and other evidence in respect of claims made by the complainant and similarly Courts should always be careful in considering the credibility and truthfulness of the statement of the complainant and relatives.
 
Last Updated ( 2009-07-16 11:51:45 )
 


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