Vol. XLI No. 34 August 20, 2017
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THINKING TOGETHER

What is the CPI(M)s stand on the recent guidelines issued by the Supreme Court with respect to filing of cases under Section 498A of the CrPc?  Is it not a fact that this section is used to harass innocent men and their family members? 

  Ramchandra Pathak, Lucknow

IN the last decade of the 1970s, a parliamentary committee travelled around the country taking submissions about needed amendments to the laws regarding dowry abuse and rape.  After considerable thought and consultation, amendments to these laws were made and Section 498A was added to the Anti Dowry legislation. Because of its stringent provisions, it has proved to be the only effective legal remedy available to lakhs of harassed women all over the country.  Of course, the number of women taking recourse to this law is not in any way equivalent to the number of those suffering from physical and mental abuse in their marital homes because of a number of issues related to the payment of dowry which is now no longer restricted to the payments made at the time of marriage but continues to be demanded throughout the married life of the woman.  The total numbers of such women cannot even be calculated because of the innumerable social and economic pressures that prevent women from approaching the judiciary for any kind of relief.

Of course any and every law can be misused and used against innocent persons.  Laws relating to murder, cheating etc are also misused but no one has ever demanded their dilution for that reason.  Unfortunately, laws that give protection to weaker sections of our society who have been traditional victims of inequality and violence like Sec. 498A and the Prevention of Atrocities on SC/STs Act are regularly attacked on the grounds of their alleged ‘misuse’.  The latter has been considerably diluted in several states as a result.  Very often it is not included in FIRs lodged against violence, against rape and murder of persons belonging to  SC and ST communities.

There has been a concerted campaign against Sec. 498A for the last several years and the patriarchal mindset that continues to influence members of the administration and judiciary have proved to be very easily influenced by this.  The guidelines issued by a two-member bench of the Supreme Court on June 20 are an unfortunate example of this.  These guidelines have virtually stopped any administrative or police action on the filing of an FIR under this Section.  It recommends setting up of committees at the district level to which such cases will be referred for discussion and arbitration.  Only after the committee sees fit can the case proceed in the court and intervention take place.  There is no reason to believe that such committees and their outlook and functioning will not militate against harassed women attaining any kind of justice.  It has been the experience of all such arbitration bodies that they are more interested in protecting the sacred institution of marriage than women’s safety.

The AIDWA and other women’s organisations submitted a memorandum to the CJI.  They demanded a review of the earlier judgment and presented evidence from government documents and surveys to show that domestic violence had increased over the years.  The National Crime Records Bureau itself said that in 2015, 1,13,403 cases has been filed under Sec. 498A and chargesheets were filed (after investigation) in 89.4 per cent of the cases.   Only less than 8 per cent of the cases had been found to be false.  This statement negates the statement of the SC judges.  The memorandum went on to say “We submit that these committees will form a wall between victims and the justice system and will interfere and impede the course of justice rather than assist it.....The proposed Family Welfare Committees will discourage the reporting of true cases and minimise the injustice suffered on account of domestic violence by women.”

The CPI(M), therefore, is extremely critical of the SC judgment and supports the stand taken by AIDWA and  other women’s organisations.