Women are misusing Dowry Act, rules court

Complainant held guilty in dowry case

In an unusual decision in a dowry case of over nine years ago, Judicial Magistrate Ist Class Taranjit Kaur has held complainant and her parents guilty of misusing Section 498A of the Dowry Act against the accused and his three sisters, who were absolved of the charges of harassment and torture for dowry and were "aquitted of the charges framed against them." The court observed "the prosecution has failed to prove its case beyond reasonable doubt and the accused are entitled to benefit of doubt".

The court remarked that "ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. The investigating agencies and the courts start with the presumption that the accused persons are guilty and that the complainant is speaking the truth. This is too widely available and generalised a statement. The role of investigating agencies and the courts is that of watchdog and not of bloodhound." She further observed, "There has been a tendency nowadays to rope in all the relatives of the husband in dowry cases and women are abusing the beneficial provisions of Section 498A by implicating all the family members of the husband."

The court had found only general, as well as vague allegations regarding cruelty, maltreatment and demand of dowry against the accused persons — Harish Kumar, husband of the complainant Sumit Rani and his family members. The court observed no dowry demand was made by the accused and even reconciliation efforts were failed when the matter was referred to Lok Adalat, where the accused had asked the complainant to go to her in-laws' house but she refused.

Sumit Rani had alleged that she was being taunted for not bringing sufficient dowry and her husband harassed and mistreated her. She left her husband and four children and started living with her father.

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