The rationalization that feminists give when someone talks about the misuse of 498A is that all laws are misused. And it’s not a big problem that the 498A is misused. This rationalization is not any different from those people who take advantage of others less privileged. Because of this obtuse reasoning (or lack thereof), they have been able to derail discussions of any changes to existing law, even when there is a detailed Law Commission report (volume 243) on the misuse of 498A.

A woman is in need, she can be sexually exploited.

Since a worker is in need, he may be underpaid.

498A, which in India is more commonly and erroneously known as dowry law, is one of the provisions of the law that has given abundant legal abuse power to women to harass and subdue husband and in-laws. Most women are well aware that they cannot take the case to the point that it leads to the conviction of her husband or her in-laws. They don’t even want that as the bottom line. The only result they seek is to wreak havoc on her husband and in-laws. The chaos can be in terms of job loss, job loss, money loss. It can be chaos in terms of the lasting psychological effects of being called to the police station, arrested, mistreated or beaten up by the police. All of this has led to suicides and suicide attempts by thousands of men each year.

The actions of such women are vexatious in most cases, where the woman commonly shouts, “Theek kar doongi” (I would make you amend your ways) and also frivolous in other cases they started to hide some action of hers which includes things like adultery. , robbery , some other information that has come to light that puts the woman in question in a bad light. What better way to get out of this than to blame it on her ever-present “dowry.”

Oh! She accused me of adultery, she wants the dowry.

Oh! It says I gave incorrect information about my education/date of birth/employment at the time of the marriage; wants a dowry

Oh! They say, I don’t do the housework, I’m lazy, I have bad clothes, they want a dowry.

Oh! They say, I don’t mix with the family, I’m a bastard, I speak badly, I use profanity, they want a dowry.

Oh! They say, substance abuse, I’m an alcoholic, I’m a smoker, they want dowry.

But what helps the rise of bogus cases under Dowry Cases? The main reason is that it is easy to file and no investigation is done at the time the case is filed. Another reason is that the husband and in-laws are facing possible arrest, which can cause them to give in and give in to the demands of the lady. Another reason is that the case, once filed, can be settled at any time, the Supreme Court and High Courts have made 498A annulment quite easy on the basis of the agreement between the parties, even when it is a non-aggravable offense (except in Andra Pradesh). The biggest losers across this spectrum are the financially weakest men, as they cannot afford legal fees for attorneys in district court, let alone High Court.

It’s not that senior judicial officials, government officials, or even women’s rights activists are unaware of the problem of this threat. Time and time again, the Home Office has issued advisories to be judicious and cautious. High courts and the Supreme Court have even called for the “non-bondable” and “non-composite” aspects of the law to be reviewed and reconsidered.

Even some of the women’s rights activists are aware that bogus cases defeat the very purpose of strict rules. “The growing number of bogus 498A cases is also a stumbling block for genuine women fighting for justice”, although the Supreme Court has taken a bold step with Arnesh Kumar’s decision against the State of Bihar, it is the lack of political will the root of all evil

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