498A – A Legal Weapon

The Supreme Court of India had termed IPC Section 498A as ‘Legal Terrorism’ way back in year 2005 but not much has changed since, modern urban educated women are still using it as a weapon to harass, humiliate and settle scores with their in – laws.

Bed ridden senior citizens, relatives living abroad, daughters and sisters of men married in other states or living far are still being called to Police Stations and Courts where they suffer humiliation and harassment, all in the name of law. Huge number of NRIs have to leave their jobs and livelihood to face cases or settle the matter out of court for huge sums of money just because the wife married for citizenship or upon going abroad could not adjust.  

Even on acquittal after fighting in courts for many years the dignity is not restored, there is no compensation mechanism and the women who had forced a 498a on a man and his family is not reprimanded by courts or fined for filing a false case. The number of acquittals or cases settled out of court in 498a is quite high to which the law makers turn a blind eye because of vote bank politics and feminist groups having big money bags for running their agenda.

Help for families/men facing a false 498a is very little or scattered as the society just on a allegation by a woman labels them as culprits. From the courts as well the respite is little, the police either harasses or files cases without investigation leaving no choice but to run from pillar to post for men.

Immoral exercises are rampant under Section 498A by the police, investigations either are very little or do not take place at all. Suicide because of a false 498A is common, pushed because of mis handling, fear of arrest, loss of job or unbearing pressure by society and the system.

The horror of 498A is not a secret anymore limited to India, the American state department had also warned it’s citizens about it, stating: “Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.” 

498A was designed to protect women from dowry harassment and cruelty but has become and put to use as a draconian law for settling matrimonial disputes one sided/favouring women. In spite of numerous complaints and even the judiciary recognising the widespread misuse the harassment and humiliation of men and families continues with no relief in sight. The only ray of hope are the various Men’s Rights Groups which provide emotional and legal help to men facing false cases, it’s David versus Goliath fight. The system needs to be shaken up and realise of what kind of terror it has created.