When studying any law, first question should be asked, why this law was passed in the first place? What was the social mischief which the Law wanted to cure?
In legal language, this is called "Mischief Rule of Interpretention".
Regarding 498A, the law makers saw a social problem. After marriage, a girl goes to her husband's house. The house may be far away from her maternal house.
In Husband's house, she is alone surrounded by family members of husband.
If husband turns hostile, she is helpless. No one in house is there to help her.
Sometimes she is beaten by husband and his family members.
Sometimes she is treated cruelly, for not giving birth to a son, for not bringing dowery, for not behaving properly, etc etc. Reasons could be many others also.
So the law called Sec. 498A was passed to remove this mischief in society.
Has this mischief gone? If yes, then law can be revoked. But if there are still thousands of families were wife is sufferering, then the law has to remain. It cannot be cancelled.
2) Why so much cry about abuse of Sec.498a? How the law is abused or misused? Why family of husband say that wife has filed absolutely fake cases on them?
A) In one case, a husband may say, yes, I did treated her cruely. There were just reasons. But then instead of filing complaint only against me, she has filed false complaint against my aged father, mother and innocent sisters also. My father died due to shock. ... Etc. The stories of pain are endless.
But Think For A Moment
Here, Law cannot be so changed that Police will register case only against Husband.. And Not again other family members.... Such amendments in law cannot be made.
If complaint is not proved against parents and sisters, the court can acquit them after trial.
But then, the Law cannot be also changed to say that if case against parents and sister is not proved, the wife will be jailed and heavy cost will be imposed on wife.
Because law is made to protect wife. To make a such provision will be against the object of law.
Secondly, Judges will say, from where can she bring witness to what happened to her in husband's house? No family member of husband or neighbour will come forward to support wife.
So no law can be made that if wife fails to prove case of 498a, she will be automatically made liable.
3) Earlier, A complaint under 498a used to be followed with arrest of family members of Husband. Sometimes aged parents used to die with shock of arrest.
Supreme Court has not STOPPED this. Now police is prevented from making automatic arrest.
But it is still not in power of even Supreme Court to say that no complaint can be filed against parents or sisters of husband who may be also living with husband.
4) It must be remembered that if anything happens to a wife in the house of husband, the court can sent entire family, including aged parents to jail... Here is how the judges may say .....
An actual example.
In a small village, in one house three male members and four females were living on that fateful day. Husband had gone to another town.
Three male members who were in house, burnt wife in kitchen and reported to police that she had committed suicide at 1 PM in kitchen during day time.
Police recorded statements of family members.
After one month, police discovered that it was murder.
Entire family of Three Male Members and Remaining Three females were sent to Life Imprisionment. Husband was acquitted.
Murder was clearly found and proved by scientific evidences.
But Which of the six members in house were responsible for murder was not proved... It cannot be proved as no one else could have seen what was happening in that house.
Lawyers argued that female members, aged mother etc were innocent.
Judge rejected these arguemnt.
Judge said, if they were truly innocent, they should have told truth to court. They were in the house when incident happened. They were knowing what was happening. They could have told truth if they were truly innocent.
The conviction by trial court was upheld upto Supreme Court.
5) The Problem is genuine.
In home, only one person may have inflicted cruelty on wife.
Wife may have filed complaint against one person who actually hurt her, and also against three other innocent members living in same house.
The Burden is on these three innocent persons to tell truth to court. They must tell whole truth to court. They must explain who was truly hurting the wife and why she was driven to file complaint.
If they do not say whole truth to the court, the judge may convict them all even if complaint against them was true regarding one and false against other three.
The law is truly very harsh.
But I see no way any amendment possible.
In 498a, so far it's Non Bailable part is concerned, Supreme Court has already said "No Automatic Arrest."
The bail can now easily be obtained in trial court. Hardship is reduced to this extent.
Haresh Raichura
11/10/14
PS.
1) Supreme Court has already directed all police and state authorities in India not to unnecessary arrest or trouble any 498a victim. Guidelines given. If any police officers violate these guidelines, Supreme Court has directed that person should approach High Court for contempt and for departmental proceedings against such erring officers.
2) If someone files a totally false case and tries to extort money or to blackmail with threats of any cases, then there are separate provisions in Law under which a person can file complaint in court or can lodge an FIR. A lawyer need to examine whether there is some evidence to sustain such allegations.
(But if a woman asks for high amount of alimony for compromise or for granting divorce, it cannot be said that she is blackmailing or extorting alimony. She may be just placing a too high price for compromise. This is a relevant evidence against wife in a case filed by her , but this may not be a crime.)