Our country is witnessing growing instances of cases where the provisions of law have not been invoked for the betterment of those they seek to protect. Instead, they are misused by those who want to settle personal scores.
Whether it is Sec.498A/ 406 IPC, Domestic Violence Act or SC/ST (POA) Act, the provisions are increasingly misused as a tool to attack the other side that has to face a long drawn trial to prove innocence.
By the end of the trial, the accused may be acquitted - but there is no check to prevent the origin of the process, the stigma attached to it, or the humiliation suffered during police and court proceedings.
The law or the State should not be made to act merely on the allegation of someone. Enough safeguards should be created to prevent the misuse of laws
The moment there is a matrimonial dispute, a slew of cases awaits the husband and his parents in the form of proceedings with the Crime Against Women Cell, Domestic Violence Act, Maintenance under section, 125 CrPC and others. It takes only an allegation to destroy a person's reputation in society.
Moving on to uncover the latent discrepancies in the Protection of Women from Domestic Violence Act (promulgated in 2005 and amended in 2006), one finds that the Act empowers the magistrate to adjudicate over offences arising out of domestic violence.
Increasingly, women are using the provisions of this law to gain property rights.
The law or the State should not be made to act merely on the strength of an allegation.
Instead, enough safeguards should be created to prevent misuse, mostly in the form of arrest and the humiliation attached with it.
I remember a case where two children were killed in a car accident in Kerala. The accused (my clients) happened to be policemen and were the co-passengers in the car.
Apart from the relevant sections of IPC, section 3(ii) (v) of SC/ST (POA) Act was also registered against them. The anticipatory bail application was dismissed by the High court and the matter came up to the Apex Court.
The reason given for adding these sections was that the accused had knowledge that the victims belonged to the Scheduled Castes and the offences committed are punishable for imprisonment for more than 10 years.
My clients were fortunate enough to get anticipatory bail from the Apex Court.
But the question is, can everybody afford to reach the Apex Court?
Is it not time that district courts and high courts level get sensitized to understand the gravity of these cases?
The need of the hour is to revisit these provisions which give an unfair advantage to one person to initiate criminal proceedings that have a devastating effect on the so-called "accused".
A balanced approach, perhaps by amending the law, is the answer to overcome the consequences of a "mere allegation".
Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2516173/A-simple-accusation-ruin-persons-reputation.html#ixzz2orMis6p7
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