India court says women 'misusing' dowry law - BBC News http://www.bbc.
com/news/world-asia-india-28140205
Home Video World Asia UK Business Tech Science Magazine
Asia China India
India court says women 'misusing'
dowry law
3 July 2014 India Share
More than 8,000 women are killed every year in India in dowry-related offences
India's Supreme Court has said that women are increasingly
misusing the tough anti-dowry law to harass their husbands and
in-laws.
The judges said the law was enacted to help women, but it was being
used as "a weapon by disgruntled wives".
The court has now ordered the police to follow a nine-point checklist
before arresting anyone on a dowry complaint.
Correspondents say dowry offences are a serious issue in India
where more than 8,000 women are killed every year.
Paying and accepting dowry is a centuries-old South Asian tradition
where the bride's parents gift cash, clothes and jewellery to the
groom's family.
The practice has been illegal in India since 1961, but it continues to
thrive and campaigners say it leaves women vulnerable to domestic
violence and even death.
'Used as weapon'
To prevent dowry deaths and harassment of brides in their
matrimonial homes, India introduced a tough anti-dowry law - Section
498A of the Indian Penal Code - in 1983.
1 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
A complaint under the law allows for immediate arrest and jailing of
the accused, often the husband and his family members, but
campaigners say the provision is frequently misused with many
women filing false cases.
"The fact that Section 498A is a cognisable and non-bailable offence
has lent it a dubious place of pride amongst the provisions that are
used as weapons rather than shield by disgruntled wives," the
two-judge bench of Justices CK Prasad and PC Ghose said in its
order on Wednesday.
"The simplest way to harass is to get the husband and his relatives
arrested under this provision. In a quite number of cases, bed-ridden
grandfathers and grandmothers of the husbands, their sisters living
abroad for decades are arrested," it added.
According to the National Crime Records Bureau statistics, nearly
200,000 people, including 47,951 women, were arrested over dowry
offences in 2012, but only 15% of the accused were convicted, the
court said.
Expressing concern over the misuse of the law, the judges ordered
the police "not to automatically arrest" an accused, but to go through
a "nine-point checklist" to "satisfy themselves about the necessity for
arrest".
And if the police make an arrest, a magistrate must approve further
detention of the accused, the court ruled.
Related Topics
Women's rights
Share this story About sharing
More on this story
MP demands law against dowries
2 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
11 June 2009
More women die in fires in India
2 March 2009
More Videos from the BBC
Recommended by Outbrain
My son died in 1994 but his Why 14 black male 'Secret' Dambusters
heart only stopped beating Cambridge students posed photos go under hammer
this year for this photo
Sex with coach 'should Airbus profits fall as Uganda's Punishment
have been illegal' technical problems Island: 'I was left to die on
continue to hit projects an island for getting
pregnant'
Elsewhere on BBC
Recommended by Outbrain
3 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
BBC News BBC Travel
The midwife who saved intersex babies The Japanese skill copied by the world
BBC News BBC Culture
'We need protection from violent The crack thats redrawing the worlds
re-offenders' map
BBC News BBC Travel
'Heaviest woman' admitted to UAE The olive oil the Romans loved
hospital for treatment
Top Stories
4 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
Features
Turmoil in Washington after Comey Trump 'considered firing Comey
sacking since vote'
Political reaction and some unusual visitors
to the White House after Mr Trump fired the
FBI chief. IS 'ousted' from key Syrian town and
9 May 2017
10 May 2017
Comey sacking: Not Would these 10 objects What fate awaits the
quite Watergate yet help you with your freed Chibok girls?
mental health?
Fine-tuning Sydney South Korea's new Women's protest hits
Opera House leader represents a Dutch website with ad
seismic shift boycott
The Indian Muslim who Tough blasphemy Was the Soviet James
became a cow protector conviction divides a Bond Vladimir Putin's
nation role model?
Some say the sentencing of
Basuki Tjahaja is not tough
enough - others say it damages
democracy.
5 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
From Around the Web
Promoted content by Outbrain
How To Avoid Your Kids Being Bored at Home
Magic Crate
Purva 270 Degrees, Largest Residential Project In Bangalore CBD
Purva270
The Art Of Investing in Small Caps In Just 5 Minutes A Day
Equitymaster
Israel: An Unforgettable Vacation [Book Now]
goisrael.in
Pre Launching Beach Front Homes Off Hennur Road @4995/sft
www.puravankara.com
Scientists create artificial lamb womb
CNN Money
Ads by Google
6 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
BBC News Services
On your mobile On your Get news alerts Contact BBC
connected tv News
Explore the BBC
Sport Weather
TV Radio
CBBC CBeebies
Food iWonder
Bitesize Music
Arts Make It Digital
Taster Local
7 of 8 5/11/17, 1:52 AM
India court says women 'misusing' dowry law - BBC News http://www.bbc.com/news/world-asia-india-28140205
Terms of Use About the BBC
Privacy Policy Cookies
Accessibility Help Parental Guidance
Contact the BBC
Copyright 2017 BBC. The BBC is not responsible for the content of external sites. Read about our approach to
external linking.
8 of 8 5/11/17, 1:52 AM
