Misuse of Section 498-A IPC and Dowry Prohibition Act vis-a-vis Human Rights: Need for Statutory Changes

5 Pages Posted: 6 Jan 2016

See all articles by Mukund Sarda

Mukund Sarda

Bharati Vidyapeeth University

Date Written: January 5, 2016

Abstract

Increasing number of false cases of Dowry harassment against the husbands has now become so serious that the Government of India is proposing to amend Sec 498A to make the offence as "compoundable." It may also be necessary to make it "bailable." There is no denial of the fact that woman require special protection in enjoying the human rights being enforced as integral part of Fundamental Rights guaranteed in Part III of the Constitution of India. Sec 498A was enacted by the legislature to provide special safeguards to protect their rights. There is no denial of the fact that they were denied of their rightful and just place and position in society for centuries. Sec 498A was enacted with the object to prevent torture to women by her husband or his relatives in connection with the demand for dowry, as dowry harassment was increasing and required a strong penal measure to deal with it very effectively.

Suggested Citation

Sarda, Mukund, Misuse of Section 498-A IPC and Dowry Prohibition Act vis-a-vis Human Rights: Need for Statutory Changes (January 5, 2016). Available at SSRN: https://ssrn.com/abstract=2711105 or http://dx.doi.org/10.2139/ssrn.2711105

Mukund Sarda (Contact Author)

Bharati Vidyapeeth University ( email )

Satara Road
Pune
India

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