Dowry law to take a beating

Centre plans to introduce an amendment to the bill making offences under the Indian Penal Code's Section 498A compoundable with court permission in the next Parliament session

Experts say that if the offence is made compoundable, the law may be misused as a wife may be compelled into a compromise by her husband or in-laws during the conciliation proceedings

New Delhi: After thinning out the Child Labour Act, the NDA government seems to have made up its mind to dilute the Anti-Dowry Law. It is contemplating to introduce an amendment bill making offences under the Indian Penal Code's Section 498A compoundable with court permission in the next Parliament session.

This was clear from the statement of Minister of state for Home Kiren Rijiju in the Rajya Sabha that the Home ministry was merely waiting for an opinion from the Law ministry on the issue to take the step. At the moment, the offence is non-bailable and non-compoundable leaving no chance for a husband and wife to reach a compromise after the case has been filed.

"This is a family issue. If it can be resolved within the family, such a window should be available under the law. For this we have sought an opinion from the Law ministry. As soon as we get it, we will bring the amendment," Rijiju said.

With an average 10,000 false dowry harassment cases being registered every year, the government plans to amend the criminal law to prevent frequent misuse of its legal provisions. At present, the offence is punishable with a jail term of up to three years and there have been allegations that husbands and in-laws are often charged with false dowry harassment when some marital problems arise.

As per data provided by the National Crime Records Bureau, a total number of 99,135, 1,06,527 and 1,18,866 cases, respectively, were registered in 2011, 2012 and 2013 in the country under Section 498A for cruelty by husband or his relatives.

Experts say that if the offence is made compoundable, the law may be misused as a wife may be compelled into a compromise by her husband or in-laws during the conciliation proceedings and out -of-the -court settlement. But the government thinks that the permission from a court will be a guarantee against such attempts of force on the wife.

Under the existing rules, if a dowry harassment case is proved wrong or it is proved that the law was misused, a penalty of only Rs 1,000 is imposed. The amendment, however, provides for Rs 15,000 fine. This will be a deterrent and victims may keep away from litigation. Another new section is expected to be inserted to allow an accused to escape jail by paying a penalty.

The Supreme Court had in a 2010 judgment said that, as it stood now, the law had become a "weapon in the hands of disgruntled women". It had also observed that a serious re-look of the entire provision is warranted by the legislature. "It is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints.

"The tendency of over-implication is also reflected in a very large number of cases," the apex court had said. The Section 498A was introduced in the early 80s to protect married women from being subjected to cruelty by the husband or his relatives.