Seminar On Misuse of 498a: Nagpur Chapter
Seminar On Misuse of 498a: Nagpur Chapter
Seminar On Misuse of 498a: Nagpur Chapter
Topics to be Covered
What is IPC 498a? Statistics on 498a Woman arrested under 498a What court & Other say of 498a? Why 498a is misused? 498a and Society Conclusions Questions
IPC 498a?
Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable
Point to note
This section is non-bailable (you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation) In Nutshell : Even if the complaint is false, you shall be presumed guilty until you prove that you are innocent
What Court & Other Say @ 498aSupreme Court (Sushil Kumar Sharma Vs. Union of India Writ petition(C) no.141 of 2005) has condemned 498A as Legal Terrorism The Supreme Court and High Courts have acknowledged this misuse as a growing menace in the society and have recommended the legislature to amend the law Justice Malimath committee recommended that IPC 498a be made bailable and compoundable.
What Court & Other Say @ 498a The US State Department has issued a travel warning regarding the misuse of dowry laws in India, and highlighted the fact that Indian courts require large sums of money to settle such cases The Canadian Government has issued a similar warning The WHO has mentioned that 498A is one of biggest reasons for elder abuse in India. Many womens organizations, including several State Commissions for Women, have acknowledged the misuse of these laws and have recommended similar protection for men
Conclusion