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Legal Dowry givers should also be prosecuted: Court

Discussion in 'Breaking News' started by rajneesh madhok, Jun 29, 2010.

  1. rajneesh madhok

    rajneesh madhok India
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    Observing that the anti-dowry law has been reduced to a ''paper tiger'' due to the bride's family giving away dowry in many cases, a court here said they also need to be prosecuted like the groom's family to eliminate the social evil.
    "Dowry is a two way traffic and unless there is a giver there can be no taker and it is for this reason that in order to eliminate this evil both the giver and taker have been made liable (under Section 3 of the Dowry Prohibition Act)," Additional Sessions Judge Kamini Lau said.

    "It is not possible to leave one and book another," the court said while resenting the prevalent practice of the bride's family giving dowry.

    "It is unfortunate that this legislation has been reduced to a mere paper tiger and what is more unfortunate is the fact that it is none else but the family of the woman (involved in the marriage) who is responsible for non-accomplishment of this legislation," the court said.It further said the social welfare legislation meant to remove the evil of dowry should be implemented effectively.

    "Dowry is shamelessly demanded, given and received under the pretext of social compulsions. It is time that this social welfare legislation (Dowry Prohibition Act) is ruthlessly implemented and none is permitted to take the shield of social compulsions. This has become all the more necessary in order to check the misuse and abuse of Special Laws," ASJ Lau said.

    The court also said the expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of authorities for levying taxes.It passed the observations while dismissing a plea of a woman seeking to quash criminal proceedings initiated against her family for giving dowry, which came following a complaint by her husband who faced dowry harassment charges.

    In the case, Uma Devi, estranged wife of Sunil Garg, had challenged the order passed by a Metropolitan Magistrate in October last year directing registration of an FIR against her family members for giving dowry during her marriage in April 2008.The magistrate had ordered registration of the FIR on Garg's complaint referring to her admission of giving gifts and money to his family.
    Dowry givers should also be prosecuted: Court

    Rajneesh Madhok
     
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  3. kds1980

    kds1980 India
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    A very good judgement by court .It will reduced the number of cases registered by bride's family out of fear their own imprisionment
     
  4. Mai Harinder Kaur

    Mai Harinder Kaur
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    If this is really implemented, it will be a huge step forward in wiping out this social evil. cheerleader

    That is a big IF though.icecreamkudi
     
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  5. rajneesh madhok

    rajneesh madhok India
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    Kanwardeepji and Mai Harinder Kaur ji,
    From the last so many years the misuse of the provision of (IPC 498a- Dowry and Cruelty law) the legal terrorism can be uleashed. Actully the provision was intended to be used a shield and not an assassin’s weapon. Actually the law was originally meant to protect form the dowry menace but it was being misused by urban ill-educated unscrupulous women and their families as an assassin’s weapon.
    Under Sec 498a of the IPC wife and her parental family can charge any or all of the husband’s family of physical or metal curelity. The misuse of this act was so much that mostly women of all ages unmarried, married and pregnant sister of the husband, his mother and sisters-in-law, elderly grandmothers and aunts were not even spared. Secondly other maternal and paternal relatives and even young children in the family have been implicated in false 498a case.
    With 498a Every husband is perceived a virtual torturer and the mother-in-law a demon.
    When an FIR under IPC Section 498A is registered, the accused are automatically arrested and jailed without investigation. Though the Supreme court of India has ruled several times that arrest should be an exception, and not a compulsory. But we don’t see any penalty in disobeying the Supreme Court’s orders. It is rally a mental cruelty to subject a person to arrest without investigation or reasonable cause.

    It is really a very good judgment by the court. Due to non registration of false cases the bride’s family implicate more and more persons in dowry related cases. If they have the fear to be get imprisoned then obviously the rate of false cases of 498a will come down

    Mai Harinder Kaurji,
    If this is really implemented then we are sure that the false dowry related cases will come down and this social evil will be wiped out.
    But your observation is true. That it is big IF though.

    Rajneesh Madhok
     
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