Friday, September 14, 2012

Misuse of dowry act provision

Misuse of dowry act provision

TNN | Aug 28, 2012, 01.08AM IST
BANGALORE: The high court on Monday asked the government to spell out its stand on amending the act relating to dowry harassment.

Observing that section 498 A of the Indian Penal Code relating to dowry harassment was being misused, the division bench headed by Justice K Bhakthavatsala said: It is being increasingly misused because as per the Act when a woman files a complaint, police register the case. And without verifying the correctness of the case, they arrest the husband and his family members.”

The bench suggested that instead of police directly registering the case, the victim can file a complaint with the Karnataka State Legal Services Authority. After three or six months, if the case/complaint is genuine, police can take further action. “It will reduce the number of divorce cases and also avoid the misuse of 498A provision,” observed the bench while hearing a petition related to a domestic violence incident.