Section 498(A) DOWRY SYSTEM

INTRODUCTION

Section 498(a) is part of Indian Penal Code (IPC) which prevents cruelty against women by her husband, in-laws or by any relative of her husband. Cruelty to women under this section is done to obtain dowry from her family which leads to any of these-:
• Sexual harassment
• Physical Harm
• Depression leading to suicide
Under this law if woman files suit against her in-laws including husband then, without any investigation or evidence police can arrest them.
But in recent cases it’s been noticed that women file many false suits in order to get false compensation or to take vengeance from in-laws.
That’s why court amended that after full investigation and evidence only husband will be arrested instead of whole in-law family.

Amendments in 498(A) By Supreme Court of India

Section 498(a) of Indian constitution provides shield to women from cruelty because of dowry. It protects women from their husband’s, in-laws’ and husband’s relatives’ cruelty to obtain dowry from women and their family .But in recent yrs. it’s observed by Hon’ble Supreme Court of India that women are misusing this section as weapon to obtain false compensation rather than using it as a shield.
In recent case of Rajesh Sharma and others V/S State of UP -:a three judges bench of supreme court of India including Hon’ble retd.CJI DIPAK MISRA gave judgement that in these type of cases there should be first investigation of society welfare committees and there report should be submitted to dist. Court and until then till report is submitted offence is boilable not permanent and against whom suit is filed only that person will be arrested instead of whole family of in-laws wither it’s only husband or a particular individual in-law.

Sexual harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature when either:
• The conduct is made as a term or condition of an individual’s employment, education, living environment or participation in a University community.
• The acceptance or refusal of such conduct is used as the basis or a factor in decisions affecting an individual’s employment, education, living environment, or participation in a University community.
• The conduct unreasonably impacts an individual’s employment or academic performance or creates an intimidating, hostile or offensive environment for that individual’s employment, education, living environment, or participation in a University community.
Sexual harassment is defined by law and includes requests for sexual favours, sexual advances or other sexual conduct when (1) submission is either explicitly or implicitly a condition affecting academic or employment decisions; (2) the behaviour is sufficiently severe or pervasive as to create an intimidating, hostile or repugnant environment; or (3) the behaviour persists despite objection by the person to whom the conduct is directed. The University considers such behaviour, whether physical or verbal, to be a breach of its standards of conduct and will seek to prevent such incidents and take corrective action when sexual harassment occurs.

Types of Sexual Harassment
Generally speaking, there are two types of sexual harassment, “quid pro quo” and hostile environment.
Quid pro quo (meaning “this for that”) sexual harassment occurs when it is stated or implied that an academic or employment decision about a student or employee depends upon whether the student or employee submits to conduct of a sexual nature. Quid pro quo sexual harassment also occurs when it is stated or implied that an individual must submit to conduct of a sexual nature in order to participate in a University program or activity. So, for example, if an employee is made to believe that a promotion is likely if the employee goes on a date with the employee’s supervisor, the employee is possibly being subjected to “quid pro quo” sexual harassment.
Hostile environment sexual harassment occurs when unwelcome conduct of a sexual nature creates an intimidating, threatening or abusive working or learning environment or is so severe, persistent or pervasive that it affects a person’s ability to participate in or benefit from a University program or activity. While a person engaging in harassing behaviour most often has some form of power or authority over the person being harassed, that is not always the case. The harasser can be a peer of the person being harassed. Sometimes the harasser is harassing a person who has power over them. For example, a supervisee can sexually harass a supervisor or a student can sexually harass a faculty member.

Physical Harm
‘Physical harm’ means any no accidental trauma, injury, or condition, including inadequate nourishment that, if left unattended, could result in death, disfigurement, illness, or temporary or permanent disability of any part or function of the body, including inadequate nourishment. The trauma, injury, or condition may also be the result of a single episode or several episodes.
According to 6 CFR 25.2 (Title 6 – Homeland Security; Chapter I – Department Of Homeland Security, Office Of The Secretary; Part 25 – Regulations To Support Anti-Terrorism By Fostering Effective Technologies), The term “physical harm” as used in the Act and this part means any physical injury to the body, including an injury that caused, either temporarily or permanently, partial or total physical disability, incapacity or disfigurement. In no event shall physical harm include mental pain, anguish, or suffering, or fear of injury.

Depression leading to suicide
Everyone feels down at times. The breakup of a relationship or a bad grade can lead to low mood. Sometimes sadness comes on for no apparent reason. Is there any difference between these shifting moods and what is called depression? Anyone who has experienced an episode of depression would probably answer yes. Depression, versus ordinary unhappiness, is characterized by longer and deeper feelings of despondency and the presence of certain characteristic symptoms (see below). This distinction is important, because in severe cases, depression can be life threatening, with suicide as a possible outcome. Depressed people may also fail to live up to their potential, doing poorly in school and staying on the social margins. Depression is frequently ignored or untreated; the condition often prevents people from taking steps to help themselves. This is unfortunate, as effective help is available.
There is growing evidence that depression is in part an illness with a biological basis. It is more common in individuals with close relatives who have been depressed. Research on the physiology of the nervous system suggests that the level of activity of neurotransmitters, such as norepinephrine and serotonin, changes in longstanding depression: Antidepressant medicines probably work by correcting a “chemical imbalance” of this kind. One type of imbalance is associated with bipolar disorder (previously called manic depression), characterized by dramatic mood swings from depression to irritability or euphoria and other symptoms. A number of physical illnesses can also lead to depression: An examination by a medical clinician may be helpful to rule out medical causes of depressive symptoms.
While depression does appear to have biological components, it is certain that psychological and social factors also play a vital role. The loss of a loved one or a disappointment may trigger a depression; past losses, perhaps not fully acknowledged, often make someone more vulnerable to depression. For complex reasons, some individuals find themselves enmeshed in negative ways of thinking, which can contribute to depression. Other environmental components are a lack of social support and the absence of avenues for fulfilment.

Meaning of Cruelty
It was held in ‘Kaliyaperumal vs. State of Tamil Nadu’, that cruelty is a common essential in offences under both the sections 304B and 498A of IPC. The two sections are not mutually inclusive but both are distinct offences and persons acquitted under section 304B for the offence of dowry death can be convicted for an offence under sec.498A of IPC. The meaning of cruelty is given in explanation to section 498A. Section 304B does not contain its meaning but the meaning of cruelty or harassment as given in section 498-A applies in section 304-B as well. Under section 498-A of IPC cruelty by itself amounts to an offence whereas under section 304-B the offence is of dowry death and the death must have occurred during the course of seven years of marriage. But no such period is mentioned in section 498-A.
In the case of ‘Inder Raj Malik vs. Sunita Malik’ , it was held that the word ‘cruelty’ is defined in the explanation which inter alia says that harassment of a woman with a view to coerce her or any related persons to meet any unlawful demand for any property or any valuable security is cruelty.
Kinds of cruelty covered under this section includes following:
(a) Cruelty by vexatious litigation
(b) Cruelty by deprivation and wasteful habits
(c) Cruelty by persistent demand
(d) Cruelty by extra-marital relations
(e) Harassment for non-dowry demand
(f) Cruelty by non-acceptance of baby girl
(g) Cruelty by false attacks on chastity
(h) Taking away children
The presumption of cruelty within the meaning of section 113-A, Evidence Act,1872 also arose making the husband guilty of abetment of suicide within the meaning of section 306 where the husband had illicit relationship with another woman and used to beat his wife making it a persistent cruelty within the meaning of Explanation (a) of section 498-A.

Sec 498A and the Allegation of Misuse
In the last 20 years of criminal law reform a common argument made against laws relating to violence against women in India has been that women misuse these laws. The police, civil society, politicians and even judges of the High Courts and Supreme Court have offered these arguments of the “misuse’ of laws vehemently. The allegation of misuse is made particularly against Sec 498A of the IPC and against the offence of dowry death in Sec 304B. One such view was expressed by former Justice K T Thomas in his article titled ‘Women and the Law’, which appeared in The Hindu.21 The 2003 Malimath Committee report on reforms in the criminal justice system also notes, significantly, that there is a “general complaint” that Sec 498A of the IPC is subject to gross misuse; it uses this as justification to suggest an amendment to the provision, but provides no data to indicate how frequently the section is being misused. It is important therefore that such “arguments” are responded to, so as to put forth a clearer picture of the present factual status of the effect of several criminal laws enacted to protect women.
Domestic violence and abuse by spouses and family members are complex behaviours and the social organisation of courts, the police and legal cultures systematically tend to devalue domestic violence cases. Sec 498A was introduced in the IPC in 1983 and the reforms of the past 20 years have not been adequately evaluated at all by the government with respect to their deterrence goals, despite the institutionalization of law and policy to criminalise domestic violence. A program of research and development is urgently required to advance the current state of knowledge on the effects of legal sanctions on domestic violence. The narrow or perhaps almost negligible study done by law enforcement agencies about the deterrent effects of legal sanctions for domestic violence stands in high contrast with the extensive efforts of activists, victim advocates and criminal justice practitioners in mobilising law and shaping policy to stop domestic violence. It is important to do these studies to correct the general misconceptions that women are misusing the law by filing false cases against their husbands and in-laws in order to harass them and get them convicted. The perspective of the state and its agencies needs to change from that of protecting the husbands and in-laws against potential “misuse” of the laws of domestic violence to that of implementing their purpose.

Misuse of Section 498 (A) in Modern World

A violation of this section, its goals and its aims is on the rise with the woman
frivolously making false allegations against their husbands with the purpose of getting rid of them or simply hurting the family.
The abuse of this section is rapidly increasing and the women often well- educated know that this
section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind bars.
Like in the case of Savitri Devi v Ramesh Chand & Ors, the court held clearly that there was a
misuse and exploitation of the provisions to such an extent that it was hitting at the foundation of
marriage itself and proved to be not so good for health of society at large. The court believed that
authorities and lawmakers had to review the situation and legal provisions to prevent such from
taking place.
This section was made keeping in mind protection of the married woman from unscrupulous
husbands but is clearly misused by few women and again this is strictly condemned in Saritha v R. Ramachandran where the court did notice that the reverse trend and asked the law Commission and Parliament to make the offence a non-cognizable and bailable one. It is been a duty of the court to condemn wrongdoings and protect the victim but what happens when the victim turns into the abuser? What remedy does the husband have here?
On this ground, the woman gets to divorce her husband and re-marry or even gain money in the
form of compensation.
Many women rights’ groups go against the idea of making the offence a non-cognizable and
bailable one thinking that this gives the accused a chance to escape conviction. But what this would do is that it would give a fair chance to the man and above all help.