12% dowry cases in Gujarat fake

Ina country where thousands of women lose their lives to dowry harassment,Section 498 A (women subjected to cruelty by her husband and in-laws) of theIndian Penal Code comes as a weapon to fight this injustice. However, around 12per cent of the cases registered under the section in Gujarat are fake,according to data provided by Union Women and Child Welfare Department. This isabove the national average of 10 per cent. Though the number of casesregistered under Section 498 A has gone down in the past years, registration offake cases has not seen any dip.

In 2013, around 7,500 cases of anti-dowry were recorded which decreased to 5,000 next year. In this year, so far only 2,500 cases have been registered with state crime branch. "These cases take years for a solution and are usually pending in the courts. So, it is tough to provide any figure regarding total number of fake cases as it is revealed only after the completion of court procedure," said Anil Pratham, IG, Women's Cell and Crime CID. An offence registered under the section is non-bailable and non-compoundable; husbands and in-laws are immediately arrested once a case of dowry harassment is filed against them. Akshay Patel (name changed), a 32-year-old school teacher married Ankita (name changed) in 2013.

Just four months later, following a tiff with her mother-in-law Ankita packed her bags and left home. Despite they trying to win her back, she remained adamant about not returning and filed a complaint against Akshay and his parents under Section 498 A. Two years later, finally in March this year, the court's verdict was out and in Akshay's favour. But in these two years, he not only lost much of his savings but also his reputation in the society. "She demanded Rs 50 lakh and a legal separation. I am just a school teacher so I could not pay her so much. So, she approached the court. In fact, the police were also biased," said Akshay. He was arrested on November 27, 2013 along with his parents after Ankita lodged a complaint.

Amit Patel, Gujarat-based coordinator of 498A website which provides all the details of the section, told Mirror, "The section has become an easy way for women to exploit their husbands or seek revenge against in-laws. Any person can be arrested without sufficient investigation and evidence. Investigation of the case takes at least 5-6 years and conviction rate is only 4 per cent." The state helpline of 498A gets around seven to eight calls every day, complaining about false registration of cases and extortion by wife's family.

Moreover, if it is found that the dowry harassment case is wrong or that the law has been misused, only Rs 1,000 penalty is slapped. According to National Crime Records Bureau, almost twice as many Indian husbands kill themselves — one husband every 8.55 minute to a wife every 16.7 minutes. The Ministry of Home Affairs is learnt to have sent a draft note for the Union Cabinet to amend Section 498A of the IPC to the Law Ministry for drawing up a draft bill. However, the move has been protested by Women and Child Development Minister Maneka Gandhi and women's rights activists. They argued that any dilution of law will affect women in fighting against genuine dowry harassment cases.