This is with reference to the recent Supreme Court Judgment by the bench comprising of Justice Chandramauli Kumar Prasad and Justice Pinaki Chandra Ghose which restricts automatic arrest by Police against IPC 498A complains without bothering to carry out any reasonable investigation. This judgment not only irons out one of the draconian provisions of this extremely skewed Act but also provides natural justice to innocents. I hope, in the future, there will be more rationalization of the Act.
The members of the NCW, who may try to object to this development due to their negative attitude towards men in general and young men in particular forget that for each accused husband at least two women (Sister in law and Mother in Law) and one old man (Father in Law) are arrested or face a hell like situation for no faults of their own.
These days may parents expose their daughters before marriage to their rights under the provisions of 498A rather than teaching them how to make a cup of Tea or a Chapati. This encourages many of the new generation girls who lack substance to throw a lot of tantrums and practice emotional blackmail after marriage keeping the provisions of this Act in the back of their minds. I understand that so far, more than 85% cases under this Act have been found to be completely false, malicious and socially detrimental.
It is true the Act has put a brake on pre-marriage dowry expectations and has almost eliminated post-marriage dowry demands. This recent judgment may also be detrimental to some Lawyers by reducing their service providing opportunity for arranging Anticipatory Bails. But believe me Sirs, this is Kalijug and there will be no shortage of cases in future specially in Divorce cases to compensate this little set back.
Thanks and regards.
MM, New Delhi
