Abuse of Indian legal system for extortion/blackmail
Sameer hegde

I would like to bring to your notice the selective abuse of legal system by vested interests for ulterior motives. This has led to a situation where the criminal justice system which exists to prevent and deter crime is actually abetting and encouraging criminal behavior. Courts are meant to be temples of justice which people can look up to in order to safeguard their rights and interests in the event of encroachment by individuals or state. But what does an individual do when courts are themselves used by some individuals to their advantage to serve their narrow self interest?

In the name of empowerment of women excessive power has been placed at their discretion without encouraging a sense of responsibility and rationality. IPC 498a is a “brahmastra” which was provided to counter the menace of dowry deaths in 1983. A mere complaint by wife can land the husband and his family in jail. The entire dictum of “Innocence until proven guilty” was turned over its head to ensure justice for harassed ladies. But such unbridled power ought to be used with a sense of responsibility which is the missing link. The rapidly increasing number of dowry harassment cases being lodged particularly in urban centers stands testimony to the abuse of the process. The victims generally belong to affluent class (NRIs , IT professionals , doctors, engineers etc.) who are hauled up in courts and police station and made to “settle” the dowry harassment case for exorbitant sums. This has led to a system of “reverse dowry” where a vindictive bride hol! ds her entire household to ransom demanding money in return for withdrawing dowry harassment charges. The records will stand witness to what I have referred to here. Majority of dowry harassment cases are settled “out-of-court” for money. In many cases courts actually encourage such a settlement. National Crime Research Bureau statistics show that very few cases which proceed till completion actually lead to conviction. The Honorable Supreme Court of India has also recognized this malpractice as “Legal Terrorism” in Writ Petition (C) No. 141 of 2005 (Sushil Kumar Sharma Vs. Union of India (UOI) and Ors - Jul 19 2005). The Honorable Delhi High Court in its judgment for CRL. R 462/2002 (Savitri Devi versus Ramesh Chand and Ors.) had noted the widespread misuse of IPC 498a resulting in the noble intentions inherent in the law becoming counter productive for the society at large. It had also recommended making these offences bail-able and compoundable which was also a r! ecommendation of the Dr. Justice Malimath Committee Report for Reform of Criminal Justice System(Sections 16.4.3 and 16.4.4). The Honorable Supreme Court has aptly summarized the pain of the hapless victims as follows: “many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore,is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work.” However in the absence of guidelines in this regard, there is non uniformity in the way this directive is implemented by the trial courts across the country.
In light of the above facts, my prayer on behalf of victimized individuals is as follows :

1) Both parties involved ought to be given sufficient opportunity to represent themselves before arrest/punitive action is ordered.

2) Standard criminal justice dictum of “Innocent till proven guilty” should be upheld and no inferences should be drawn based merely on an individual’s allegations. Thorough and impartial investigation should be the basis of charges(if any).

3) The sanctity of matrimonial relationship should be upheld and marriage should not be allowed to be degenerated into a profession for some which has dangerous social ramifications.

4) Deterrence must be put in place to avoid frivolous litigation. Strong counter measures in place will go a long way in deterring law abusers. Guaranteed invocation of IPC 182 and 211 while dismissing mischevious allegations will immediately put a hold on this menace. The sole reason why this problem has assumed massive proportions in that the perpetrator can walk away with impunity (and cash) without any fear of repercussion.

5) The recognition has to set in that IPC 498a is a weapon of last resort. Not every matrimonial offence falls under the purview of IPC 498a. Lawyer, unscrupulous element nexus is converting it into the weapon of initial resistance. The analogy is ordering a death sentence for every theft accused.

6) Guidelines need to be put in place to ensure that courts do not allow misuse of
stringent legal provisions for malafide intentions. Extreme care/consideration should be exercised when taking up an individual’s liberty (Fundamental right) , social prestige, means of livelihood etc. and the accuser must be held liable in the event of complaint being established as malicious after the due legal process.

7) Court rooms should not be allowed to become arenas to settle matrimonial scores.
The gradation process must be followed and encouraged. There are several dispute resolution avenues available which must be exhausted in cases of petty disputes before criminal justice option should be made available. These include mutual discussion, family, friends, relatives, counselor, socially active individuals. The concept of strong, stable family is a vital part of Indian ethos. All institutions should attempt to preserve and cherish it to the maximum extent possible.

I have a collected victim testimonies , media articles, prior judgmenets etc. in this regard which I am ready to share with the commission if given an opportunity in order to substantiate my arguments. I pray to the commission to take remedial measures to prevent the above mentioned abuse and provide relief to past victims who waste precious years of their lives in running around courts on grounds of malicious and vindictive allegations.