Check dowry law misuse by women: Delhi High Court

Check dowry law misuse by women: HC

TIMES NEWS NETWORK [ THURSDAY, MAY 22, 2003 12:30:00 AM ]



NEW DELHI: The Delhi high court on Wednesday said that matrimonial
offences where a woman is not physically assaulted should be
compoundable and bailable.
Justice J D Kapoor upheld a trial court’s order and said two provisions of
anti-dowry law under the Indian Penal Code (IPC) were being misused.
Justice Kapoor was hearing the petition of Savita Devi who had
challenged the order of metropolitan magistrate Nisha Saxena. Devi
claimed the magistrate had erred in not framing charges against her fatherin-
law and two sisters-in-law.
Saxena had only charged Devi’s husband for dowry harassment.But Devi
claimed before the court that the in-laws too had harassed her since they
refused to accept the customary gifts.
Justice Kapoor, however, held that the only allegation of not accepting the
customary gifts in a marriage does not amount to harassment or cruelty as
contemplated under Section 498 A (harassment for dowry) of the IPC.
He further held the investigation into the offences pertaining to dowry
should be held by civil authorities like executive magistrates. Cognizance,
the judge said, should be taken only after the findings on the commission
of offences.
And until such a mechanism is evolved, Justice Kapoor said only an
assistant commissioner of police should investigate cases for dowry
harassment and that a deputy commissioner of police should be the
investigating officer in a case where a woman dies due to dowry
harassment.
He also took a serious view of cases where some children are arrested
under the charges of dowry harassment. Justice Kapoor ruled: ‘‘There is a
growing tendency among women, which is further perpetuated by their
parents and relatives, to rope in each and every relative, including minors
and even schoolgoing children of distant relatives.’’
Where a schoolgoing child is named, the judge said, he or she shall not be
arrested.