Today on 14 September 2018 Hon’ble The Supreme court of India has reversed
its earlier judgment of scrutiny of every 498A case by family welfare committee
and now has again brought us back to the days of misuse of law. No doubt
children and women are always vulnerable in any country and in such a case a
welfare state not only should take punitive steps but some preventive
steps should also have to be taken to ensure their safety.
While provisions under domestic violence act, Indian penal code, criminal procedure code, evidence act etc comes into play only for damage control or to restore the losses suffered after any crime has already been committed. None of them are useful in preventing the crime.
Only judiciary is not bound to make good legislative and executive should also take some responsibilities.
Domestic violence is not so prevalent in western countries as it is in India. As well as Domestic violence in connection with any demand for dowry is not at all relevant in context of western countries. In such a case we framed laws against dowry etc. But there is also a need to something more.
Like 'child care' actively working in most western countries we in India need to adopt 'women care' whose main work should be to visit the bride groom's family from the date a daughter is about to be married till 7 years have successfully passed in the marriage.
The Bride groom and his parents must declare all the money and assets they own and the women care department must maintain the monthly growth in their assets, expensive articles and money bridegroom’s family own in the next upcoming years till 7 years have passed. Presumption under section 498A should only be raised if such a condition was not accepted by the bridegroom's family.
if the state feels itself not competent to provide such a service as a preventive step then it must also refrain itself from taking any punitive step against victims of false cases filed under 498A IPC.
Moreover fringe active groups which claim to support women by resorting to immoral and unethical means, must be severely punished.
Mohalla level women get-togethers should be encouraged and Bride groom's family must be made duty bound to send the newly wedded bride in such meetings from time to time. Such practice will enough her to open up and stand for herself. As Both the parties fail to prove their case for years and the only credible witnesses can be the neighbors.
Once I’ve myself witnessed cries of a married women being thrashed by her husband and later my mother and her friends visiting our neighbor to confront that abusive husband.
All the women living in our society visited him together when he was at home and talked to him and made him understand that such a conduct is not at all acceptable and she is the only one who will be always there to support him in his worse days and later he was ashamed of all that happened. He never took any wrong step even in his home or outside maybe because he was threatened with the presence of so many witnesses. Since then 15 years have passed and no single incident happened. Now he became a social and friendly person. Matrimonial bonds must always be strengthened. I think that was a little reformative action that was just required. Groups of married women who have their own families and children can never act as those fringe groups who only resort to illegal acts that include legally established bodies also who summarily negate husband’s version.
Centuries will pass and the blame game under 498A will never end unless such a Social resort is welcomed. Hatred and Anger will only lead to filing of cases or commission of crimes. Love and Peace can not only end the Anger but also the need for 498A itself.
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