Laws are designed to protect, but what happens when they start getting misused? This question has often been raised in discussions about anti-dowry laws in India. To break it down, Adv. Pulkit Jain sat down with Adv. Mitul Rana, a practicing lawyer at the Punjab and Haryana High Court, to discuss the evolution of legal provisions, their impact, and the challenges that remain.
The Evolution of Anti-Dowry Laws
Pulkit Jain: Let’s start with the basics. Section 498-A of the Indian Penal Code (IPC) was introduced in 1983 to combat domestic violence and harassment of married women. How effective was it in its early years?
Mitul Rana: Initially, it served its purpose well. It provided married women with a strong legal recourse to report cruelty and harassment by their husbands and in-laws. The law ensured that domestic abuse wasn’t dismissed as a mere ‘family matter’ but treated as a serious criminal offense. At the time, it was a much-needed legal reform.
Pulkit Jain: But over time, concerns arose about its misuse.
What led to these issues?
Mitul Rana: Like many well-intentioned laws, Section 498-A started being used beyond its original intent. Some complaints were exaggerated, and in some cases, even fabricated to settle personal scores. Families of husbands—including elderly parents and distant relatives—were dragged into legal battles based on vague allegations. This led to genuine victims being overshadowed by false cases, making law enforcement hesitant in addressing actual incidents of cruelty.
Why the Shift to Section 85 of BNS, 2023?
Pulkit Jain: To tackle these concerns, Section 498-A was replaced with Section 85 under the new Bharatiya Nyaya Sanhita (BNS) in 2023. What’s different this time?
Mitul Rana: The core objective remains the same— protecting women from cruelty. However, Section 85 introduces clearer guidelines to prevent misuse. It ensures that police conduct preliminary inquiries before making arrests and penalizes false cases. This shift aims to strike a better balance between safeguarding women and protecting innocent individuals from baseless accusations.
Judicial Checks and Balances
Pulkit Jain: The Supreme Court has repeatedly intervened to prevent the mechanical application of anti-dowry laws. How has this influenced their implementation?
Mitul Rana: The judiciary has played a crucial role in preventing misuse. Courts have ruled that arrests shouldn’t happen without proper investigation and that bail shouldn’t be denied arbitrarily. The focus is now on evidence, not just allegations.
This approach ensures that genuine cases receive attention while frivolous complaints don’t overwhelm the legal system.
The Gender Debate
Pulkit Jain: Critics argue that the previous law unfairly targeted men. Does Section 85 of BNS address this?
Mitul Rana: In some ways, yes. The law still prioritizes the protection of women, but it now includes checks to prevent one-sided accusations. The goal is to support victims without unfairly criminalizing husbands and their families.
False Allegations and FIR Issues
Pulkit Jain: One major concern has been false FIRs that include exaggerated claims against multiple relatives. What safeguards exist against this?
Mitul Rana: The police now have clearer directives. Arrests are not immediate, and complaints undergo initial verification. This ensures that legal action is taken based on substantial evidence, not just accusations.
When Marriage and Fraud Intersect
Pulkit Jain: Another growing issue involves Section 420 of IPC (now Section 318(4) of BNS), which deals with fraud. We’ve seen it being used in matrimonial disputes, especially in immigration-related cases. How did that happen?
Mitul Rana: With the rising trend of marriages linked to immigration, disputes often escalate into legal battles. If a marriage fails, families who invested in their son’s visa sometimes accuse the bride’s family of fraud. This has led to the misuse of fraud provisions in family disputes, creating unnecessary legal trouble.
Striking a Balance: Protection vs. Misuse
Pulkit Jain: Given that both Sections 85 and 318(4) can be misused, what reforms do you think are necessary?
Mitul Rana: Awareness and legal literacy are key. Families should seek mediation before filing cases. Stronger penalties for false cases would also help deter misuse, ensuring that the law remains a shield, not a weapon.
Advice for Families
Pulkit Jain: What advice would you give to individuals and families dealing with matrimonial disputes?
Mitul Rana: Communication and mediation should be the first steps. Legal action should be the last resort. If legal intervention becomes necessary, ensure you have proper evidence before proceeding. The goal should always be justice, not revenge.
Final Thoughts
The conversation with Adv. Mitul Rana highlighted the complexity of matrimonial laws in India. While legal protections are essential, safeguards against misuse are equally important. With evolving provisions like Section 85 of BNS, the system aims to maintain fairness for all parties involved. For families caught in legal battles, the key takeaway is this: laws exist to protect, not to punish unfairly. Understanding them is the first step toward ensuring justice.
