The Supreme Court today sought a
response from the Centre on a plea seeking immediate registration of FIRs on complaints of cruelty and harassment of married women under section 498A of IPC.
A bench of justices Madan B Lokur and U U Lalit issued the notice to the Centre on the plea filed by an NGO contending that in such cases courts are proceeding on the "erroneous premise" that there is misuse of the law by women.
The petition, filed by NGO Social Action Forum for Manav Adhikar(SAFMA) through advocate Jyotika Kalra, expressed concern over the handling of cases of cruelty and harassment under section 498A saying married women are usually forced to compromise and settle the matter and the approach taken by police increases such incidents instead of curbing them.
Senior advocate Indu Malhotra, appearing for SAFMA, said that an environment be created for women to make informed choices including scheme of rehabilitation and compensation for victims and children for a victim of cruelty.
"Have a uniform policy of registration of FIR, arrest and bail in cases of 498-A IPC in consonance with law of land i.E. to immediately register FIR on complaint of cruelty and harassment by married women as per the statute (Indian Penal Code)," the petition said.
It also sought that a mechanism be formulated to monitor and track cases lodged under the section and systematically study the cause of low rate of convictions in such cases.
"The high degree of official and social tolerance of cruelty to married women, encouraged by low conviction rate in Section 498A sends the message to society that such cases can be closed upon payment of some meagre amount, taking advantage of their vulnerability, financial distress and insecurity," it said, adding that it encourages society to conduct itself in a behavior which gives rise to more violence.
