The Honorable Supreme Court in its recent Judgment on July 02, 2014, had very vividly highlighted this aspect while granting bail to an appellant Arneesh Kumar from Bihar. It has re-iterated the need to implement the provision of arrest with caution.
The Government had been concerned regarding the excessive misuse of provisions of Section 498A. To address the issue of misuse, the previous NDA government had tried to amend the provisions and make it bailable. The attempt was resisted tooth and nail by NCW, Women NGO's. Alas, they were portraying 498A, as a means of empowerment of women, forgetting that the moment a wife filed the complaint, she could no longer continue to live in the matrimonial home and was forced to move out, rendering her more destitute and she had to fall back on her own parents and brothers.
However, the protest lobbying done by lawyers against amendment was only borne out of loss of clientèle and their livelihood, which ought not to have been given any credit. Being a signatory to recommendations by the United Nations Committee on Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) ; and also being aware of blatant abuse of 498A; and also the fact that the aggrieved wife was further left destitute once she lodged complaint under 498A, as she becomes person non-grata in her matrimonial home; the Government enacted "Protection of Women against Domestic Violence Act" (DV Act) in the years 2005, under Civil Procedures Code.
In this DV Act, the provisions of 498A were integrated so that once the application was perused by the Judicial Magistrate, it could be decided if the case merited separate institution of criminal case under 498A.
The Object & Reason of DV Act 2005, ought to have stated the following:-
"This Act is harmonized with provisions of Section 498-A IPC & DP Act 1961. The Objective of synthesising provisions of Criminal Law with Civil Law is to provide single window of redress from Domestic Violence, in time bound & cost effective manner, through a single court and stopping her from being rendered further destitute; which she was being rendered because of instituting a case under 498A. Thus making first use of provisions of DV Act 2005 should be practised as a norm.
However, in cases of grave physical injury and dowry harassment of such a level, which could even drive her towards suicide, it will be open to such a women to institute the case under 498A first."
Regrettably, the above statement which ought to have reflected the legislative intent in framing DV Act 2005, was omitted out. It will never see the light of day as to why such an important legislative intent has been omitted. Or is it an act of commission. In any case, it is a grave omission. If the precise legislative intent was incorporated as per the real purpose, it would have addressed all the pertinent issues.
The vindictive wives/ live-in-partners, assisted by greed of her parents to extort money and unscrupulous lawyers, in most of the cases are still running to Police Stations to Lodge Criminal Complaints under 498A, rather than put in an Application under provisions of DV Act 2005 at the first instance. They put application under DV Act later on; thereby proliferating the Courts with false cases. Then the battle royal , with counter blasts and divorce proceeding and maintenance cases gets started, which is liked by Lawyers fraternity, as it serves their interest.
All these cases are clogging the courts. The limited resources of time and manpower of Nation's Justice System are getting wasted due to instituting of false cases; thereby, resulting in lower rate of convictions. Once instituted, these cases go on for ages, causing misery and harassment. The acquittals of accused, in no way can give back them back the loss of dignity and ignominy suffered at the hands of relatives & society when the accused felt osteriched & social pariah.
So as to have a "Harmonised Nation", all out efforts ought to be made to "Harmonise the FAMILY". By Legislating "Biased Laws favouring Wives", in the name of "Empowerment of Women", the government has allowed itself to fall in to the trap of "Breaking the Indian Family System", which as per study instituted by the United States of America was singularly responsible for enabling 1% of Indian Immigrants to contribute 9-18% of professions to the mainstream of the America's Building. In reality USA has funded NGOs to build up pressure, to get "Family Breaking Laws" enacted, because they are afraid of progress which India can make, because it has highest % of English speaking youth in the World.
The process of Empowerment ought to start and finish with providing education to 100% of females, so as to enable them to take up jobs, and be financially independent, if they choose so.
The "wife nay young wife <7yrs", does not alone constitute a "Family". It also has other female members as well as men.
Science has yet to reduce the human beings evolutionary cycle to women only model based on "unicellular" approach. Until that happens, laws must not only be balanced they also must have adequate provisions that they do not open a window for "New generation of Criminals to germinate and pollute the very foundation of "Nation-The Family"; in turn force "Men to go on strike against Institution of Marriage". That may prepare the nation to challenge other nations albeit in the field of number of GAYS & LESBIANS. And that will amount to "True Death of our heritage".
May the Government of the day:-
(a) Revisit Section 498A & "Objects & Reasons" of DV Act 2005.
(b) Stop making "Biased laws " which are breaking the Indian Family.
(c) Make a "Ministry for Family ", which should have 'FOUR" departments under it, i.e. 'Department of Welfare for Unborn & the Child(boys & girls); Women (not restricted to young wife alone); "Men"; and "Elders"
May the Government of day, also rewrite Laws for Citizens for natives of truly independent nation; and throw out the laws & procedures written by Bristish Masters 175 years ago to "Rule the Slaves". Most of the generation of "Slaves" have left for heavenly abode.
Young Indian is not a "Slave" any more.