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Govt to review anti-dowry law
September 04, 2008

New Delhi: For long, voices raised against the anti-dowry act were dismissed as those belonging to men desperately trying to retain their dominance over women. But now, an increasing number of women complaining against misuse of the act has forced the women and child development (WCD) ministry to initiate a review of the controversial legislation.

Said WCD joint secretary Kiran Chadha, "We will be meeting a panel of lawyers and legal experts to review the law. We have been receiving so many complaints against the two laws — section 498A (harassment for dowry) and the domestic violence act." The meeting is likely to be held on September 17.

The Indian Penal Code's section 498A had long been seen by women activists as one of the foremost legal weapons for a woman shunned by her in-laws and her parents. The government's turnaround comes after an increasing number of complaints came from women themselves — mothersin-law and sisters-in-law who ironically have fallen victim to misuse of the two laws.

The statistics are telling. Raksha, an NGO working on marital harmony and child welfare, has analyzed figures by the National Crime Records Bureau to deduce that 1.2 lakh women have been falsely implicated under 498A. "Every 21 minutes, an innocent woman is being arrested. While the number of arrests under 498A is increasing every year, what is not being considered is that the conviction rate in these cases is barely 2%," Raksha spokesperson Anupama Singh said.

Now, the official view has perhaps finally reflected a change in attitude towards a woman complainant.

WOMEN VICTIMIZED?

1.2 lakh women have been falsely implicated under the antidowry section, 498A, according to figures collated by NGO Raksha

Every 21 minutes, an innocent woman is being arrested under 498A, the NGO states

Study of 3,000 cases showed girls who misused anti-dowry law were mostly graduates living in both metros and small towns

An increasing number of women complaining against misuse of the anti-dowry act has forced the women and child development (WCD) ministry to initiate a review of the controversial legislation. One of the most vocal NGOs, Mothers and Sisters Initiative (MASI), has submitted a charter of demands to the ministry that includes suggestions for a "modified 498A". MASI has suggested that in the section which says "husband or relative of husband of a woman subjecting her to cruelty," the clause "relative of husband" be dropped. The NGO has also recommended that the law be made bailable and non-cognizable, and that its misuse be penalized.

Singh says that misuse of the two laws isn't restricted to the metros. "We have studied over 3,000 cases and found that girls who have misused the law are mostly graduates, not necessarily living in a metro city. They can be from small towns and have access to advice from lawyers. This is multi-crore industry that has even enveloped NRIs," Singh said.

The ministry has been at the receiving end of criticism for some time now. Earlier this year, it had organized a workshop to discuss issues related to women's legislation that soon turned into a slanging match. In August, the ministry launched an aggressive media campaign on several issues including domestic violence. When queried on the occasion if the campaign was a defensive move following criticism of the law, WCD minister Renuka Choudhary said, "We are not being defensive. We are being pro-active. I have taken the bull by the horns."


Source: The Times of India

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