Lawfully Yours: By Retired Justice K Chandru | Educate children on evil practices of dowry system to prevent misuse of IPC Sec 498A

CHENNAI: Educate children on evil practices of dowry system to prevent misuse of IPC Sec 498A

Q. IPC Section 498A was enacted to protect women from cruelty and domestic violence — a crucial and necessary legal provision. However, over the years, there has been concern about its misuse, leading to severe consequences for innocent men. As a non-bailable, cognisable offence, Section 498A allows arrests without preliminary investigation. Despite Supreme Court’s directives to curb arbitrary arrests, implementation often is inconsistent. Innocent individuals, including elderly parents, siblings, and even children, sometimes find themselves falsely implicated, leading to social stigma, and, in some tragic instances - suicides. According to NCRB data, a significant number of 498A cases end in acquittals or are found to be unsubstantiated. Doesn't this call for raising awareness of the issue and supporting reforms that ensure the fair implementation of 498A and punishing the guilty while protecting the innocent? Don't such cases demand speedier investigation and resolution, apart from rehabilitation and support for families proven to be falsely accused?

-- Hariharan Shankar S

A. It is easy to say that IPC Section 498A is being misused. There was a time when a daughter-in-law died due to a stove burst. The question was why those stoves do not kill mothers-in-law? At least this type of news is virtually extinct now, thanks to the introduction of new provisions in IPC & Evidence Act. Any death of a daughter-in-law within 7 years is deemed unnatural. No doubt, the conviction rate is low, and there is increased observation by courts that the law is being misused. The reasons are many, but one main reason is that after getting jewellery and movable properties, the daughters' families are either not interested in prosecution or persuaded to withdraw the cases. Further, in such cases, there are no direct witnesses. The only way to prevent it is to educate our children about the evil practices of the dowry system.

High Court striking down some provisions of Bonded Labour Abolition Act adds to misery

Q. The recent rescue of 143 bonded labourers from West Bengal, slogging in gold manufacturing units across Tamil Nadu, breaks the myths built around India’s economic success story. Officially, our government is looking at rescuing all those forced into bonded labour before 2030. Given the nature of the interstate workforce pushed into the slave trade, to what extent can laws help break the scourge?

-- M Manikandan, Anna Nagar, Chennai

A. Though ‘forced labour & beggar system’ has been abolished by the Constitution’s Article 23 and child labour also abolished by Article 24, yet regrettably, they are still prevalent due to available cheap labour. However, as many laws as you bring, unless society changes, they can never be abolished. The Bonded Labour Abolition Act,1976, provides for relief and rehabilitation today. After giving relief, the governments are yet to evolve rehabilitation measures. The result is that after release from bondage and getting relief, once again, the same people get caught in bondage again. To add to their misery is the Madras High Court striking down provisions of the Act empowering revenue officers to impose conviction on persons engaging bonded labour.