Tuesday, January 5, 2010

498-A INVITATION TO FALSE CASES

If u never demanded dowry, she can still file a case under 498-A and without investigation u can be arrested by police. Provision of 498 A empower the women but if we will see in today’s circumstances, the provisions of 498-A are enough to make the man weak. Once F.I.R. is lodge under 498-A, whether it is vague or false, u will have very less chance. Now women are taking unjust profit of this section of Indian penal code. Today numbers of false cases are increasing and our society is suffering from this problem. In this type of situation, boy doesn’t have anything except some safeguards like collection of evidence. It is a very critical situation, to save the society from this situation, there must we some laws in favor of men, due to which man can be protected in court of law. There must be balance in our social system. If man is strong more than woman or woman is strong more than man, both situation are harmful for our society. 498 is a playing the role of harmful weapon. The provision of section 498-A is so much rigid and in favor of women, this fact invites the false cases under 498-A of Indian penal code. To balance the situation, legislation should make some laws in favor of men and try to develop balance in society. The basic aim of laws must be justice and balance in between society.

God made this beautiful earth. He did not do any classification but he made man and woman. This classification was the need of human being. Man was dominant over woman in society, but now both our equal, our constitution also providing this equality. According to the provision of constitution, there should be no discrimination on the basis of sex. It is very difficult to say that section 498-A of Indian penal code is unconstitutional because the intention behind this provision to protect the women. And our legislation is empowered by constitution to make special laws for women. But in the zeal to protect the women, legislation should not ignore the man and the current position of society. In whole in the name of protecting women, 498-A is making weak the man, and creating imbalance in society. If man can torture the woman, then woman also can torture the man. Both are human being. So legislation should think on this point of view and try to make some provision to protect the men.

By-Anubhuti Mishra
(writer is a student of JNU,Jaipur)
(Originally recieved and edited on 24th of nov 09)