Punishing the victims:

Punishing the victims:

Context:

• The steady dilute of the anti-dowry law will endanger countless women who are in genuine distress.

Explanation:

• The first attempt to dilute Section 498A came from a 2014 judgment of the Supreme Court which mandated a nine-point checklist before any arrests could be made under Section 498A.
• Then followed the latest Supreme Court judgment which has almost irretrievably diluted 498A and rendered it nearly unreachable to victims.
• This judgment mandates a family welfare committee in every district to scrutinise dowry harassment cases.
• Members of this committee can be social workers or anyone interested in the subject and may also be paid an honorarium.
• The police are expected to consider the recommendations of this committee before making any arrest.

The drawback:

• It is not difficult to predict how such committees will operate in our male-dominated districts.
• Sadly, the victim remains ignored in the judgment. As a result of these constraints, thousands of genuinely distressed women will not be able to access justice.
• The impact of Section 498A, which was admittedly enacted to ensure the safety of women in their matrimonial home, should have been assessed to examine its effectiveness in preventing dowry deaths and cruelty to women in their matrimonial home.
• But the attention of the judges, and indeed of a large section of society, is directed solely towards misuse of the law.

Suggestions:

• In a just society, a penal provision should be reviewed only after fully protecting the perspective of the victim.
• Because, a total of 24,771 dowry deaths have occurred in India from 2012 to 2014, averaging more than 20 dowry deaths every single day.
• Thus, Section 498A is not only relevant but also vital for the protection of genuine victims.
• Sometimes even some genuine cases of misuse of this law should not endanger the huge number of women who are in genuine distress.