Several women's rights groups have written to the Chief Justice of India seeking a review of the Supreme Court's July 27 ruling that no arrests be made under Section 498A without verifying allegations.
Section 498 A of the Indian Penal Code (IPC) provides punishment for subjecting a married woman to cruelty to meet any unlawful demand for any property or valuable security.
The letter is signed by 16 women's rights organisations and states that the SC order "completely overlooks" the fact that women are subjected to daily harassment for dowry and domestic violence.
"We are deeply concerned and dismayed that the entire judgement proceeds on premise that women are liars and file false cases under Section 498A IPC not only against their husbands, but also against his family members. This judgement is part of a backward trend that we have noticed in earlier judgements also," the letter states.
The SC had recently voiced concern over "abuse" of the anti-dowry law and had directed no arrest should "normally be effected" without verifying allegations as violation of human rights of innocents cannot be brushed aside.
The women's groups have said, "Our experience of dealing with cases through the years has also shown that domestic violence is perhaps the most pervasive kind of violence against women and deeply affects their health and wellbeing."
Citing the National Crime Records Bureau data for 2015, the letter stated that 1,13,403 cases of violence under Section 498A IPC were filed, of which charge sheets were submitted in 89.4% of cases.
The letter stated that the court's observation that most of such cases are filed in the heat of the moment over trivial issues, "was wrong".
It also questioned the assumption that the abysmally low conviction rates of 14.4% in 2012 and 15.6% in 2013 are indicative of false cases.
In many cases, investigation is not properly conducted, statements of material witnesses are omitted, and evidence is improperly collected, it claimed.
"Furthermore, as much domestic violence occurs in the confines of home and family, convictions under Section 498A of IPC are notoriously difficult to achieve. The basic premise on which the judgement was based was therefore wrong," it said.
It also said mental torture, abuse and infliction of physical violence, which may not be evident, have not been considered by the judgement, though Section 498A of IPC expressly covers both mental and physical violence.
"The judgement therefore dilutes the provisions of law relating to cruelty under Section 498A IPC. This is an error that the Court must correct," the letter said.
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