Introduction
Women laws are enacted for protecting, safeguard rights and empower women. But growing concern is misuse these laws. Initially intended protected women from domestic violation and harassment, they are now being exploited. This trick and laws harms innocent individual. The concept false and misuse is very complex. Misuse of women protective laws has several consequences. Innocent men face emotional trauma, and financial losses. Families are affected and suffer children. Men rights are neglected in process.
Cause Misuse or False of the Dowry Prohibition Act, 1961
However, the act misuse in several ways, which has driven to several problems.
Misuse by Women
The dowry prohibition act was enacted for women prevent dowry, but in some cases women misuse the law for harass and extort money from their husbands and in-laws.
Some ways how women may misuse the false dowry cases.
- False Complaints: Women may file false complaints under section 498A of IPC, which deals with cruelty by their husband and in-laws. They may to gain leverage in matrimonial dispute or extract money from their husband.
- Misuse of the legal System: Women may misuse the legal system by filing false cases by colluding with lawyers and police officials. This can lead to harassment and imprisonment of innocent people.
- Exploitation of gender bias: Women may exploit gender bias and discrimination in the administration of the law to their advantage. They may do so making false allegation of dowry harassment.
- Misuse of Dowry Related Provisions: Women may misuse the provision of the of law which is deal with dowry related offence such as section 3 and section 4 of Dowry Prohibition Act, 1961 to file false cases to extort money from their husband and their in-laws.
Rights of Accused in False Dowry Cases:
- Right to bail- Section 498a of IPC are non-bailable offence, but the accused can apply for anticipatory bail if false charges framed.
- Right to fair trial- Accused have the right to present evidence and witnesses in their defense.
- Right to legal representation- The accused have the right to hire a lawyer to represent them in court.
- Right to file counter complaint- If the allegations are false, the accused can file a complaint under section 211 of IPC.
Conclusion:
The dowry prohibition act 1961 was enacted for prevent the practice of dowry and dowry harassment in India. However, the act has been misuse, leading to harassment of innocent people. If any false charges are framed by women so the accused have right to bail, fair trial, hire legal representative, and file counter complaint.
