New Delhi: Plans are afoot to amend a criminal law that will allow compromise and settlement between husband and wife at the onset of trial in dowry harassment cases, a move that comes after frequent misuse of the provision to trouble men and their near relatives.
Under the proposal, Section 498A of the Indian Penal Code will be made a compoundable offence with the permission of the courts as suggested by the Law Commission and Justice Malimath Committee.
"A draft note for the Union Cabinet seeking to amend Section 498A of the IPC, making it compoundable, has been sent to the Law Ministry for drawing up the draft bill," a Home Ministry official said.
Now, the offence is non-compoundable and non-bailable which provides for immediate arrest of the accused. Conciliatory effort by the warring sides is virtually impossible.
A husband or his family members are presumed to be guilty till they prove their innocence in the court. The guilty is punishable with a jail term of up to three years.
There have been allegations that in many cases, husbands and their relatives are often charged with false dowry harassment cases by their wives or her family members when some marital problems arise.
If the offence is made compoundable, misuse of the law may come down hugely as there would be scope for initiating conciliation proceedings and out-of-court settlement.
Permission from a court will be a guarantee against attempts where a wife may be compelled into a compromise by her husband or in-laws, the Home Ministry official said.
Now, if a dowry harassment case is proved wrong or proved that the law is misused, only Rs 1,000 penalty is slapped. But the amendment provides for a Rs 15,000 fine.
Another new section is expected to be inserted to allow an accused to escape jail by paying a penalty. Opposing the move to dilute the anti-dowry provision of the law, senior Supreme Court lawyer Indira Jaising said it is a law which gives relief and protection to harassed woman and it should be continued.
"Violence against women is a violation of human rights. There is no compromise of that. I would disagree with the government move," Jaising said.
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