All enlightened persons will support Section 498 of the Indian Penal Code or anti-dowry laws. But it has abuses too. The Supreme Court has observed that the laws are being increasingly misused by plaintiffs. The Section is a weapon and not a protective shield. The State governments have been asked not to arrest anyone on the mere lodging of a complaint against the person. The laws are commendable and meant to prevent dowry deaths and cruelty against women by their in-laws. But they are so stringent that the innocent can be victimised. Even some women’s groups have acknowledged it. The accused may even include in-laws who live abroad. The intention is to harass the husband’s family. The wording of the legislation is loose and takes into note even mental abuse which is hard to define. The Supreme Court has taken the right decision in ruling out hasty arrests. The magistrate should also be satisfied before ordering detention of the accused. It seems laws against gender crime are one-sided.
These laws do not pay heed to the principle that one is innocent until proved guilty. The intention is to prevent gender crime which is laudable. But it does not ensure that the real victims are protected as many of them are unwilling to lodge complaints for fear of social stigma. It is necessary also to draw the line between rape and consensual sex. The laws should take all angles into consideration and recommend suitable penalties. It may be said, however, that the Supreme Court’s decision can be construed as laxity and such social abuse as dowry may be allowed to go on under the smokescreen of social obligation.
