Dowry law: mixed reaction to govt rider

While a section of activists and voluntary organisations say it will curb misuse of Section 498A,others feel the law will lose its teeth. Advocate Rekha Koratkar,president of the Pune Family Court Lawyers’ Association,said it will certainly prevent its misuse. “I witnessed a case where a woman lodged a complaint under 498A following which police held her husband,her mother-in-law,father-in-law as well as the sister-in-law and her husband. The sister-in-law’s husband separated from her saying it was because of her that he had to face the police….”

Mahesh Kalge,a representative of Save India Family Foundation,who has bore the brunt of 498A,said police do not investigate dowry harassment cases. “They indiscriminately arrest in-laws without considering their old age,ailments or even the sister-in-law without verifying the complaint,” said Kalge. He said unless women who file false complaints are severely punished,its misuse would not stop.

Advocate Asim Sarode,founder of the Sahyog Trust,who has authored a book on domestic violence,says the notification is welcome. “But it should be made clear that once a women lodges a complaint under 498A,police must give a chance to husband and in-laws to defend themselves. The arrests must be made immediately if the officer does not find defence convincing.”

Asunta Pardhe,advocate and chief functionary,Chetna Mahila Vikas Kendra,says,“The majority of genuine cases will be adversely affected. It will be more difficult for women to fight domestic violence.”

In October last year,the Centre had told states that no arrest be made in cases under Section 498A without proper investigation.

GR to outsource protection officers opposed
Voluntary organisations are opposing a recent state government resolution (GR) to outsource to NGOs the work of protection officers. For effective implementation of the Protection of Women from Domestic Violence (PWDV) Act,2005,the government is required to appoint protection officers. “Earlier,tehsildars,Gram Sevaks or block development officers were appointed as protection officers. They took it as an additional duty and did not perform,hence our demand for independent officers,” said Asunta Pardhe,chief functionary of Chetna Mahila Vikas Kendra.

Activists had been demanding that independent protection officers under Grade A be appointed ,given gender sensitisation training and be granted a budget for effective functioning.