Shishir Kumar
Ranchi
"Some three years back - despite having a mentally disabled daughter besides a son, the Mishra couple was a happy united family. Their new daughter-in-law wanted the disabled daughter of the house to be sent to a mental asylum. Rejected, she left her in-laws’ house. The Mishra couple got a shock when the police arrested them on charges of harassing their daughter-in-law for dowry. Their daughter died due to insufficient medical attention when the legal battle was on and son now stays with his wife."
"The life of S Singh, a security official of CCL, changed dramatically after a 35-year-old woman alleged him of rape. All the reputation he had earned during his service vanished and he became a hated figure in the society. However, just a week after the allegation the woman admitted in writing to the police that the allegation against Singh was meant to settle old scores. For, Singh had deducted some money out of her husband’s salary once."
Mishra’s and Singh’s are just two examples. ‘Legal Terrorism’, as observed by the Supreme Court in one of its rulings in reference to the misuse of Section 498A of the Indian Penal Code (IPC), continues full throttle in Jharkhand. The Ranchi police alone registered more than two-dozen cases in 2007 that were either proved false or resulted in acquittal of the alleged persons.
These cases filed under Section 376 (rape) and Section 498A (woman subjected to cruelty by in-laws or husband) have turned out as a lethal weapon in the current society.
SSP, Ranchi, MS Bhatia said that the misuse of these sections of the IPC has become a serious concern. “These two laws are being used for settling personal rivalry. We received many complaints last year that turned out to be false on investigation,” Bhatia added.
Ranchi
"Some three years back - despite having a mentally disabled daughter besides a son, the Mishra couple was a happy united family. Their new daughter-in-law wanted the disabled daughter of the house to be sent to a mental asylum. Rejected, she left her in-laws’ house. The Mishra couple got a shock when the police arrested them on charges of harassing their daughter-in-law for dowry. Their daughter died due to insufficient medical attention when the legal battle was on and son now stays with his wife."
"The life of S Singh, a security official of CCL, changed dramatically after a 35-year-old woman alleged him of rape. All the reputation he had earned during his service vanished and he became a hated figure in the society. However, just a week after the allegation the woman admitted in writing to the police that the allegation against Singh was meant to settle old scores. For, Singh had deducted some money out of her husband’s salary once."
Mishra’s and Singh’s are just two examples. ‘Legal Terrorism’, as observed by the Supreme Court in one of its rulings in reference to the misuse of Section 498A of the Indian Penal Code (IPC), continues full throttle in Jharkhand. The Ranchi police alone registered more than two-dozen cases in 2007 that were either proved false or resulted in acquittal of the alleged persons.
These cases filed under Section 376 (rape) and Section 498A (woman subjected to cruelty by in-laws or husband) have turned out as a lethal weapon in the current society.
SSP, Ranchi, MS Bhatia said that the misuse of these sections of the IPC has become a serious concern. “These two laws are being used for settling personal rivalry. We received many complaints last year that turned out to be false on investigation,” Bhatia added.
The SSP said that the sections are not only being misused for harassing another individual but also for one’s personal benefits. “Last month, we received a complain from a girl who alleged a boy of sexually exploiting her on the name of marriage. However, on investigation it came out that the girl wanted to marry the guy but the latter was not ready for the same,” claimed an officer-in-charge of a city based PS.
A senior police official on condition of anonymity claimed that the some of cases that caught media glare a few months back turned out false on investigation. “The rape case which resulted in the removal of the tinted glasses from cars has come up as a fake and a menace in the investigation so far. Neither a rape case nor a suicide case was noticed in the state capital during that period further no student of the vocational course of Ranchi Women’s College was absent during the period,” the official claimed.
Recently a story of the gang rape of a tribal girl coming from Delhi had brought the police on its toes. However, after medical report came in it was made clear that the girl was never raped.
It is no more a matter of surprise that organizations like ‘My Nation’ have started the movement called ‘Save India Society’ to ‘Fight against legal terrorism and gender biased law.’
Sanjay Kumar Thakur, a city-based lawyer claimed that the misuse of these sections is a common phenomenon. “The rape cases can be adjudged on the basis of the medical reports and the witness if any but the cases related to dowry are a treacherous case to deal with. The alleged persons in these cases can be arrested without investigation and are acquitted by court in absence of proof,” Thakur added.
He pointed out that there are provisions in the IPC to file a case if the allegations are found false. “Though there is a provision but is very rarely used. No one wishes to be trapped in legal battle,” Thakur added.
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