The Rising Duplicity of Section 498A

  • Tushita Verma
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  • Tushita Verma

    Student at Vivekananda School of Law and Legal Studies, India

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Abstract

Crimes against women are as old as civilization, and the attempts to curb them are equally ancient. Crime and violence against women are on the rise. Specific laws and regulations have been introduced to curb it. While constitutional protections is given and a large number of protective laws have been enacted to deter and regulate crimes against women, such crimes have, however, continued to grow. It has been commonly found that women hesitate to knock at the Court's doors because of lengthy, continuous and intense legal battles. Marriage is considered a religious relationship in which two consenting adults consent to marry together and form a family. One of the various conventions and practices that have been followed in our culture from early times is dower. Dowry is a sum of money or property that a wife gives her husband as a wedding gift. The dower provided during the wedding is intended to protect the female offspring and is regarded as a blessing for her. However, nature took its course, and human avarice continued to grow. The Central Government passed a regulation that served as a protection for the women against the cruel treatment they had to endure because of the desire for dowry. As a result, husbands and their families began to harass and torture the bride for bringing less dowry. Section 498-A was introduced into the Indian Penal Code to regulate the rapid rise in cases of cruelty against women. A new form of legal terrorism could be unleashed by exploiting the law for furthering one’s motive. The law is designed to act as a shield, not as an assassin's weapon.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 651 - 661

DOI: https://doij.org/10.10000/IJLMH.113366

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